r/title-19-CUSTOMS-DUTIES wiki — defined terms

“category” applies in that section

the term “category” means the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of the Department of Commerce, as listed in the HTS under the applicable heading or subheading (as in effect on the day before May 24, 2010 ).

“core labor standards” applies in that section

The term “core labor standards” means— (A) freedom of association; (B) the effective recognition of the right to bargain collectively; (C) the elimination of all forms of compulsory or forced labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in respect of employment and occupation. (4) Enter; entry The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States.

“foreign material” applies in that section

The term “foreign material” means a material produced in a country other than Haiti or any country described in clause (iii). (vi) Development of procedure to ensure compliance (I) In general U.S. Customs and Border Protection of the Department of Homeland Security shall develop and implement methods and procedures to ensure ongoing compliance with the requirements set forth in clauses (i) and (iv). (II) Noncompliance If U.S.

“initial applicable 1-year period” applies in that section

The term “initial applicable 1-year period” means the 1-year period beginning on December 20, 2006 . (2) Appropriate congressional committees

“qualifying knit fabric” applies in that section

the term “qualifying knit fabric” means fabric or knit-to-shape components wholly formed or knit-to-shape in any country or any combination of countries described in paragraph (1)(B)(iii), from yarns wholly formed in the United States, except that— (I) fabric or knit-to-shape components otherwise eligible as qualifying knit fabric shall not be ineligible as qualifying knit fabric because the fabric or knit-to-shape components contain nylon filament yarn to which section 2703(b)(2)(A)(vii)(IV) of this title applies; (II) fabric or knit-to-shape components that would otherwise be ineligible as qualifying knit fabric because the fabric or knit-to-shape components contain yarns not wholly …

“qualifying woven fabric” applies in that section

the term “qualifying woven fabric” means fabric wholly formed in the United States from yarns wholly formed in the United States, except that— (I) fabric otherwise eligible as qualifying woven fabric shall not be ineligible as qualifying woven fabric because the fabric contains nylon filament yarn to which section 2703(b)(2)(A)(vii)(IV) of this title applies; (II) fabric that would otherwise be ineligible as qualifying woven fabric because the fabric contains yarns not wholly formed in the United States shall not be ineligible as qualifying woven fabric if the total weight of all such yarns is not more than 10 percent of the total weight of the fabric; and (III) fabric otherwise eligible as …

“TAICNAR Program” applies in that section

The term “TAICNAR Program” means the Technical Assistance Improvement and Compliance Needs Assessment and Remediation Program established pursuant to subsection (e). (8) Wholly assembled A good is “wholly assembled” in Haiti if all components, of which there must be at least two, pre-existed in essentially the same condition as found in the finished good and were combined to form the finished good in Haiti.

“wire harness automotive component” applies in that section

the term “wire harness automotive component” means any article provided for in subheading 8544.30.00 of the HTS, as in effect on December 20, 2006 . (d) Eligibility requirements (1) In general Haiti shall be eligible for preferential treatment under this section if the President determines and certifies to Congress that Haiti— (A) has established, or is making continual progress toward establishing— (i) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (ii) the rule of law, political …

“countries in the Western Hemisphere” applies in that section

The terms “Western Hemisphere countries”, “countries in the Western Hemisphere”, and “Western Hemisphere” mean Canada, the United States, Mexico, countries located in South America, beneficiary countries (as defined by section 2702 of this title ), the Commonwealth of Puerto Rico, and the United States Virgin Islands. (f) Fees for seminars and publications Notwithstanding any other provision of law, a grant made under this section may provide that the Center may charge a reasonable fee for attendance at seminars and conferences and for copies of publications, studies, reports, and other documents the Center publishes.

“NAFTA” applies in that section

The term “NAFTA” means the North American Free Trade Agreement. (2) Western Hemisphere countries

“Western Hemisphere” applies in that section

The terms “Western Hemisphere countries”, “countries in the Western Hemisphere”, and “Western Hemisphere” mean Canada, the United States, Mexico, countries located in South America, beneficiary countries (as defined by section 2702 of this title ), the Commonwealth of Puerto Rico, and the United States Virgin Islands. (f) Fees for seminars and publications Notwithstanding any other provision of law, a grant made under this section may provide that the Center may charge a reasonable fee for attendance at seminars and conferences and for copies of publications, studies, reports, and other documents the Center publishes.

“Western Hemisphere countries” applies in that section

The terms “Western Hemisphere countries”, “countries in the Western Hemisphere”, and “Western Hemisphere” mean Canada, the United States, Mexico, countries located in South America, beneficiary countries (as defined by section 2702 of this title ), the Commonwealth of Puerto Rico, and the United States Virgin Islands. (f) Fees for seminars and publications Notwithstanding any other provision of law, a grant made under this section may provide that the Center may charge a reasonable fee for attendance at seminars and conferences and for copies of publications, studies, reports, and other documents the Center publishes.

“Committees” applies throughout its chapter

The term “Committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.;

“grape product” applies throughout its chapter

The term “grape product” means grapes and any product (other than wine) made from grapes, including, but not limited to, raisins and grape juice, whether or not concentrated.;

“major wine trading country” applies throughout its chapter

The term “major wine trading country” means any foreign country, or group of foreign countries, designated as such under section 2803 of this title . (4) The phrase “nontariff barrier to (or other distortion of)”, in the context of trade in United States wine, includes any measure implemented by the government of a major wine trading country that either gives a competitive advantage to the wine industry of that country or restricts the importation of United States wine into that country.;

“Trade Representative” applies throughout its chapter

The term “Trade Representative” means the United States Trade Representative.;

“United States wine” applies throughout its chapter

The term “United States wine” means wine produced within the customs territory of the United States.;

“wine” applies throughout its chapter

The term “wine” means any fermented alcoholic beverage that— (A) is made from grapes or other fruit; (B) contains not less than 0.5 percent alcohol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and (C) is for nonindustrial use.

“extension disapproval resolution” applies in that section

the term “extension disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the disapproves the request of the President for the extension, under section 1103(b)(1)(B)(i) of the Omnibus Trade and Competitiveness Act of 1988, of the provisions of section 151 of the Trade Act of 1974 to any implementing bill submitted with respect to any trade agreement entered into under section 1102(b) or (c) of such Act after May 31, 1991 , because sufficient tangible progress has not been made in trade negotiations.”, with the blank space being filled with the name of the resolving House of the Congress.

“procedural disapproval resolution” applies in that section

the term “procedural disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the President has failed or refused to consult with Congress on trade negotiations and trade agreements in accordance with the provisions of the Omnibus Trade and Competitiveness Act of 1988, and, therefore, the provisions of section 151 of the Trade Act of 1974 shall not apply to any implementing bill submitted with respect to any trade agreement entered into under section 1102(b) or (c) of such Act of 1988, if, during the 60-day period beginning on the date on which this resolution is agreed to by the , the agrees to a …

“major industrial country” applies in that section

the term “major industrial country” means Canada, the European Communities, the individual member countries of the European Communities, Japan, and any other foreign country designated by the President for purposes of this subsection.

“GATT 1947” applies in that section

The term “GATT 1947” has the meaning given that term in section 3501(1)(A) of this title .;

“WTO Agreement” applies in that section

The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 and the multilateral trade agreements (as such term is defined in section 3501(4) of this title ).

“distortion” applies throughout its chapter

The term “distortion” includes, but is not limited to, a subsidy.;

“foreign country” applies throughout its chapter

The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country.;

“GATT” applies throughout its chapter

The term “GATT” means the GATT 1947 (as defined in section 3501(1)(A) of this title ).;

“implementing bill” applies throughout its chapter

The term “implementing bill” has the meaning given such term in section 2191(b)(1) of this title .;

“international trade” applies throughout its chapter

The term “international trade” includes, but is not limited to— (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.;

“state trading enterprise” applies throughout its chapter

The term “state trading enterprise” means— (A) any agency, instrumentality, or administrative unit of a foreign country which— (i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or (ii) sells goods or services in international trade; or (B) any business firm which— (i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof, (ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and (iii) …

“Commission” applies throughout its chapter

The term “Commission” means the United States International Trade Commission.;

“Convention” applies throughout its chapter

The term “Convention” means the International Convention on the Harmonized Commodity Description and Coding System, done at Brussels on June 14, 1983 , and the Protocol thereto, done at Brussels on June 24, 1986 , submitted to the Congress on June 15, 1987 .;

“entered” applies throughout its chapter

The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.;

“Federal agency” applies throughout its chapter

The term “Federal agency” means any establishment in the executive branch of the United States Government.;

“old Schedules” applies throughout its chapter

The term “old Schedules” means title I of the Tariff Act of 1930 ( 19 U.S.C. 1202 ) as in effect on the day before the effective date of the amendment to such title under section 1204(a).;

“technical rectifications” applies throughout its chapter

The term “technical rectifications” means rectifications of an editorial character or minor technical or clerical changes which do not affect the substance or meaning of the text, such as— (A) errors in spelling, numbering, or punctuation; (B) errors in indentation; (C) errors (including inadvertent omissions) in cross-references to headings or subheadings or notes; and (D) other clerical or typographical errors.

“telecommunications product” applies throughout its chapter

The term “telecommunications product” means— (A) any paging devices provided for under item 685.65 of such Schedules, and (B) any article classified under any of the following item numbers of such Schedules: 684.57 684.67 685.28 685.39 684.58 684.80 685.30 685.48 684.59 685.16 685.31 688.17 684.65 685.24 685.33 688.41 684.66 685.25 685.34 707.90.

“Trade Representative” applies throughout its chapter

The term “Trade Representative” means the United States Trade Representative.;

“negotiating period” applies in that section

the term “negotiating period” means— (A) with respect to a priority foreign country identified in the investigation conducted under section 3103(a) of this title , the 18-month period beginning on August 23, 1988 , and (B) with respect to any foreign country identified as a priority foreign country after the conclusion of such investigation, the 1-year period beginning on the date on which such identification is made. (2) (A) The negotiating period with respect to a priority foreign country may be extended for not more than two 1-year periods.

“entered” applies in that section

the term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (2) The Commission, the Secretary of Commerce, and the Trade Representative shall provide such assistance in the enforcement of paragraph (1) as the Secretary of the Treasury may request. (3) The Secretary of the Treasury shall compile the information collected under paragraph (1)(A)(ii) into a summary and shall annually submit such summary to the Congress until the authority to negotiate trade agreements under chapter 17 of this title expires. Such information shall also be made available to the public.

“beneficiary country” applies throughout its chapter

The term “beneficiary country” means any country listed in subsection (b)(1) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter.;

“entered” applies throughout its chapter

The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.;

“HTS” applies throughout its chapter

The term “HTS” means Harmonized Tariff Schedule of the United States. (b) Countries eligible for designation; congressional notification (1) In designating countries as beneficiary countries under this chapter, the President shall consider only the following countries or successor political entities: Bolivia Ecuador Colombia Peru. (2) Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.

“applicable percentage” applies throughout its chapter

the term “applicable percentage” means— (aa) 2 percent for the 1-year period beginning October 1, 2002 , increased in each of the 4 succeeding 1-year periods by equal increments, so that for the period beginning October 1, 2006 , the applicable percentage does not exceed 5 percent; and (bb) for the 1-year period beginning October 1, 2007 , and for the succeeding 5-year period, the percentage determined under item (aa) for the 1-year period beginning October 1, 2006 .

“ATPDEA” applies in that section

The term “ATPDEA” means the Andean Trade Promotion and Drug Eradication Act. (F) FTAA

“ATPDEA beneficiary country” applies in that section

The term “ATPDEA beneficiary country” means any “beneficiary country”, as defined in section 3202(a)(1) of this title , which the President designates as an ATPDEA beneficiary country, taking into account the criteria contained in subsections (c) and (d) of section 3202 of this title and other appropriate criteria, including the following: (i) Whether the beneficiary country has demonstrated a commitment to— (I) undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title , on or ahead of schedule; and (II) participate in negotiations toward the completion of the FTAA or another free trade agreement.

“beneficiary country” applies in that section

the term “beneficiary country” includes the Commonwealth of Puerto Rico and the United States Virgin Islands. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).

“FTAA” applies in that section

The term “FTAA” means the Free Trade Area for the Americas. (c) Suspension of duty-free treatment (1) The President may by proclamation suspend the duty-free treatment provided by this chapter with respect to any eligible article and may proclaim a duty rate for such article if such action is proclaimed under chapter 1 of title II of the Trade Act of 1974 [ 19 U.S.C. 2251 et seq.] or section 1862 of this title . (2) In any report by the United States International Trade Commission to the President under section 202(f) of the Trade Act of 1974 [ 19 U.S.C.

“NAFTA” applies in that section

The term “NAFTA” means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992 . (D) WTO

“perishable product” applies in that section

the term “perishable product” means— (A) live plants and fresh cut flowers provided for in chapter 6 of the HTS; (B) fresh or chilled vegetables provided for in headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS; (C) fresh fruit provided for in subheadings 0804.20 through 0810.90 (except citrons of subheadings 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; or (D) concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS.

“the Annex” applies in that section

The term “the Annex” means Annex 300-B of the NAFTA. (B) ATPDEA beneficiary country

“WTO” applies in that section

The term “WTO” has the meaning given that term in section 3501 of this title . (E) ATPDEA

“Commission for Environmental Cooperation” applies in that section

the term “Commission for Environmental Cooperation” means the commission established by Part Three of the North American Agreement on Environmental Cooperation; and;

“North American Agreement on Environmental Cooperation” applies in that section

the term “North American Agreement on Environmental Cooperation” means the North American Agreement on Environmental Cooperation Between the Government of the United States of America, the Government of Canada, and the Government of the United Mexican States (signed at Mexico City, Washington, and Ottawa on September 8, 9, 12, and 14, 1993).

“Border Environment Cooperation Agreement” applies in that section

the term “Border Environment Cooperation Agreement” means the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank;

“Border Environment Cooperation Commission” applies in that section

the terms “Border Environment Cooperation Commission” and “Commission” mean the commission established pursuant to Chapter I of the Border Environment Cooperation Agreement; and;

“Commission” applies in that section

the terms “Border Environment Cooperation Commission” and “Commission” mean the commission established pursuant to Chapter I of the Border Environment Cooperation Agreement; and;

“United States” applies in that section

the term “United States” means the United States, its territories and possessions, and the Commonwealth of Puerto Rico.

“GATT 1947” applies in that section

The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947 , annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement. (B) GATT 1994

“GATT 1994” applies in that section

The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (2) HTS

“HTS” applies in that section

The term “HTS” means the Harmonized Tariff Schedule of the United States. (3) International Trade Commission

“International Trade Commission” applies in that section

The term “International Trade Commission” means the United States International Trade Commission. (4) Multilateral trade agreement

“multilateral trade agreement” applies in that section

The term “multilateral trade agreement” means an agreement described in section 3511(d) of this title (other than an agreement described in paragraph (17) or (18) of such section). (5) Schedule XX

“Schedule XX” applies in that section

The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994. (6) Trade Representative

“Trade Representative” applies in that section

The term “Trade Representative” means the United States Trade Representative. (7) Uruguay Round Agreements

“Uruguay Round Agreements” applies in that section

The term “Uruguay Round Agreements” means the agreements approved by the Congress under section 3511(a)(1) of this title . (8) World Trade Organization and WTO

“World Trade Organization” applies in that section

The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement. (9) WTO Agreement

“WTO” applies in that section

The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement. (9) WTO Agreement

“WTO Agreement” applies in that section

The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 . (10) 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.

“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.

“Appellate Body” applies in that section

the terms “dispute settlement panel” and “Appellate Body” have the meanings given those terms in section 3531 of this title . (c) Effect of agreement with respect to private remedies (1) Limitations No person other than the United States— (A) shall have any cause of action or defense under any of the Uruguay Round Agreements or by virtue of congressional approval of such an agreement, or (B) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with such agreement.

“dispute settlement panel” applies in that section

the terms “dispute settlement panel” and “Appellate Body” have the meanings given those terms in section 3531 of this title . (c) Effect of agreement with respect to private remedies (1) Limitations No person other than the United States— (A) shall have any cause of action or defense under any of the Uruguay Round Agreements or by virtue of congressional approval of such an agreement, or (B) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with such agreement.

“State law” applies in that section

the term “State law” includes— (i) any law of a political subdivision of a State; and (ii) any State law regulating or taxing the business of insurance; and;

“administering authority” applies throughout its part

The term “administering authority” has the meaning given that term in section 1677(1) of this title . (2) Appellate Body

“Agreement on Subsidies and Countervailing Measures” applies throughout its part

The terms “Antidumping Agreement”, “Agreement on Subsidies and Countervailing Measures”, and “Safeguards Agreement” mean the agreements referred to in section 3511(d)(7), (12), and (13) of this title, respectively.

“Antidumping Agreement” applies throughout its part

The terms “Antidumping Agreement”, “Agreement on Subsidies and Countervailing Measures”, and “Safeguards Agreement” mean the agreements referred to in section 3511(d)(7), (12), and (13) of this title, respectively.

“Appellate Body” applies throughout its part

The term “Appellate Body” means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (3) Appropriate congressional committees; congressional committees (A) Appropriate congressional committees

“appropriate congressional committees” applies throughout its part

The term “appropriate congressional committees” means the committees referred to in subparagraph (B) and any other committees of the Congress that have jurisdiction involving the matter with respect to which consultations are to be held. (B) Congressional committees

“congressional committees” applies throughout its part

The term “congressional committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (4) Dispute settlement panel; panel

“Dispute Settlement Body” applies throughout its part

The term “Dispute Settlement Body” means the Dispute Settlement Body administering the rules and procedures set forth in the Dispute Settlement Understanding. (6) Dispute Settlement Understanding

“dispute settlement panel” applies throughout its part

The terms “dispute settlement panel” and “panel” mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (5) Dispute Settlement Body

“Dispute Settlement Understanding” applies throughout its part

The term “Dispute Settlement Understanding” means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title . (7) General Council

“General Council” applies throughout its part

The term “General Council” means the General Council established under paragraph 2 of Article IV of the WTO Agreement. (8) Ministerial Conference

“Ministerial Conference” applies throughout its part

The term “Ministerial Conference” means the Ministerial Conference established under paragraph 1 of Article IV of the WTO Agreement. (9) Other terms

“panel” applies throughout its part

The terms “dispute settlement panel” and “panel” mean a panel established pursuant to Article 6 of the Dispute Settlement Understanding. (5) Dispute Settlement Body

“Safeguards Agreement” applies throughout its part

The terms “Antidumping Agreement”, “Agreement on Subsidies and Countervailing Measures”, and “Safeguards Agreement” mean the agreements referred to in section 3511(d)(7), (12), and (13) of this title, respectively.

“joint resolution” applies in that section

the term “joint resolution” means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of that Act.” (2) Procedures (A) Joint resolutions may be introduced in either House of the Congress by any member of such House. (B) Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 2192 of this title apply to joint resolutions to the same extent as such provisions apply to resolutions under such section.

“Agreement on Trade in Civil Aircraft” applies in that section

the term “Agreement on Trade in Civil Aircraft” means the Agreement on Trade in Civil Aircraft approved by the Congress under section 2503 of this title , and;

“civil aircraft” applies in that section

the term “civil aircraft” means those products to which the Agreement on Trade in Civil Aircraft applies;

“indirect support” applies in that section

the term “indirect support” means indirect government support as defined in Annex II to the US–EC bilateral agreement;

“large civil aircraft” applies in that section

the term “large civil aircraft” has the meaning given that term in Annex II to the US–EC bilateral agreement;

“US–EC bilateral agreement” applies in that section

the term “US–EC bilateral agreement” means the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft Between the European Economic Community and the Government of the United States of America on trade in large civil aircraft, entered into on July 17, 1992 .

“administering authority” applies in that section

The term “administering authority” has the meaning given that term in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) ). (3) Commission

“adverse effects” applies in that section

The term “adverse effects” has the meaning given that term in Articles 5(a) and 5(c) of the Subsidies Agreement. (2) Administering authority

“Commission” applies in that section

The term “Commission” means the United States International Trade Commission. (4) Interested party

“interested party” applies in that section

The term “interested party” means a party described in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of the Tariff Act of 1930 ( 19 U.S.C. 1677(9)(C) , (D), (E), (F), or (G)). (5) Nonactionable subsidy

“nonactionable subsidy” applies in that section

The term “nonactionable subsidy” means a subsidy described in Article 8.1(b) of the Subsidies Agreement. (6) Notified subsidy program

“notified subsidy program” applies in that section

The term “notified subsidy program” means a subsidy program which has been notified pursuant to Article 8.3 of the Subsidies Agreement. (7) Serious adverse effects

“serious adverse effects” applies in that section

The term “serious adverse effects” has the meaning given that term in Article 9.1 of the Subsidies Agreement. (8) Subsidies Agreement

“Subsidies Agreement” applies in that section

The term “Subsidies Agreement” means the Agreement on Subsidies and Countervailing Measures described in section 771(8) of the Tariff Act of 1930 ( 19 U.S.C. 1677(8) ). (9) Subsidies Committee

“Subsidies Committee” applies in that section

The term “Subsidies Committee” means the committee established pursuant to Article 24 of the Subsidies Agreement. (10) Subsidy

“subsidy” applies in that section

The term “subsidy” has the meaning given that term in Article 1 of the Subsidies Agreement. (11) Trade Representative

“Trade Representative” applies in that section

The term “Trade Representative” means the United States Trade Representative. (12) Violation of Article 8

“violation of Article 8” applies in that section

The term “violation of Article 8” means the failure of a notified subsidy program or an individual subsidy granted pursuant to a notified subsidy program to meet the applicable conditions and criteria described in Article 8.2 of the Subsidies Agreement. (i) Treatment of proprietary information Notwithstanding any other provision of law, the administering authority may provide the Trade Representative with a copy of proprietary information submitted to, or obtained by, the administering authority that the Trade Representative considers relevant in carrying out its responsibilities under this subchapter.

“Article 5” applies in that section

the term “Article 5” means Article 5 of the Agreement on Agriculture described in section 3511(d)(2) of this title ;

“preferential tariff treatment” applies in that section

the terms “preferential tariff treatment”, “USMCA”, and “USMCA country” have the meanings given those terms in section 4502 of this title . (f) Advice of Secretary of Agriculture The Secretary of Agriculture shall advise the President on the implementation of this section. (g) Termination date This section shall cease to be effective on the date, as determined by the President, that the special safeguard provisions of Article 5 are no longer in force with respect to the United States. (h) Definitions For purposes of this section—;

“relevant period” applies in that section

the term “relevant period” means the period determined by the President to be applicable to a special safeguard agricultural good for purposes of applying this section; and;

“special safeguard agricultural good” applies in that section

the term “special safeguard agricultural good” means an agricultural good on which an additional duty may be imposed pursuant to the special safeguard provisions of Article 5.

“USMCA” applies in that section

the terms “preferential tariff treatment”, “USMCA”, and “USMCA country” have the meanings given those terms in section 4502 of this title . (f) Advice of Secretary of Agriculture The Secretary of Agriculture shall advise the President on the implementation of this section. (g) Termination date This section shall cease to be effective on the date, as determined by the President, that the special safeguard provisions of Article 5 are no longer in force with respect to the United States. (h) Definitions For purposes of this section—;

“USMCA country” applies in that section

the terms “preferential tariff treatment”, “USMCA”, and “USMCA country” have the meanings given those terms in section 4502 of this title . (f) Advice of Secretary of Agriculture The Secretary of Agriculture shall advise the President on the implementation of this section. (g) Termination date This section shall cease to be effective on the date, as determined by the President, that the special safeguard provisions of Article 5 are no longer in force with respect to the United States. (h) Definitions For purposes of this section—;

“Agreement on Textiles and Clothing” applies in that section

The term “Agreement on Textiles and Clothing” means the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title . (2) Beneficiary sub-Saharan African country, etc.

“applicable percentage” applies in that section

the term “applicable percentage” means— (I) 4.747 percent for the 1-year period beginning October 1, 2003 , increased in each of the 5 succeeding 1-year periods by equal increments, so that for the 1-year period beginning October 1, 2007 , the applicable percentage does not exceed 7 percent; and (II) for each succeeding 1-year period until December 31, 2026 , not to exceed 7 percent. (B) Surge mechanism (i) Import monitoring The Secretary of Commerce shall monitor imports of articles described in this paragraph on a monthly basis to determine if there has been a surge in imports of such articles.

“beneficiary sub-Saharan African countries” applies in that section

The terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” have the same meaning as such terms have under section 2466a(c) of this title . (3) USMCA

“beneficiary sub-Saharan African country” applies in that section

The terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” have the same meaning as such terms have under section 2466a(c) of this title . (3) USMCA

“former 3 sub-Saharan African country” applies in that section

The term “former 3 sub-Saharan African country” means a country that, after being designated as a beneficiary sub-Saharan African country under this chapter 4 , ceased to be designated as such a beneficiary sub-Saharan country by reason of its entering into a free trade agreement with the United States. (5) Enter; entered The terms “enter” and “entered” refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (g) Effective date This section takes effect on October 1, 2000 , and shall remain in effect through December 31, 2026 .

“interested party” applies in that section

the term “interested party” means any producer of a like or directly competitive article, a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or sale in the United States of a like or directly competitive article, a trade or business association representing producers or sellers of like or directly competitive articles, producers engaged in the production of essential inputs for like or directly competitive articles, a certified union or group of workers which is representative of an industry engaged in the manufacture, production, or sale of essential inputs for the like or directly competitive article, or …

“lesser developed beneficiary sub-Saharan African country” applies in that section

the term “lesser developed beneficiary sub-Saharan African country” means— (A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development; (B) Botswana; (C) Namibia; and (D) Mauritius.

“USMCA” applies in that section

The term “USMCA” has the meaning given that term in section 4502 of this title . (4) Former sub-Saharan African country

“extension disapproval resolution” applies throughout its chapter

the term “extension disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the __ disapproves the request of the President for the extension, under section 2103(c)(1)(B)(i) of the Bipartisan Trade Promotion Authority Act of 2002, of the trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement entered into under section 2103(b) of that Act after June 30, 2005 .”, with the blank space being filled with the name of the resolving House of the Congress.

“resolution” applies in that section

the term “resolution” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the __ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to the Congress on __ under section 2104(d)(3) of the Bipartisan Trade Promotion Authority Act of 2002 with respect to __, are inconsistent with the negotiating objectives described in section 2102(b)(14) of that Act.”, with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled …

“procedural disapproval resolution” applies in that section

the term “procedural disapproval resolution” means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to ______ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.”, with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult.

“Agreement on Agriculture” applies throughout its chapter

The term “Agreement on Agriculture” means the agreement referred to in section 3511(d)(2) of this title . (2) Agreement on Safeguards The term “Agreement on Safeguards 1 means the agreement referred to in section 3511(d)(13) of this title . (3) Agreement on Subsidies and Countervailing Measures

“Agreement on Subsidies and Countervailing Measures” applies throughout its chapter

The term “Agreement on Subsidies and Countervailing Measures” means the agreement referred to in section 3511(d)(12) of this title . (4) Antidumping Agreement The term “Antidumping Agreement“ 2 means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(7) of this title . (5) Appellate Body

“Appellate Body” applies throughout its chapter

The term “Appellate Body” means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding. (6) Core labor standards

“core labor standards” applies throughout its chapter

The term “core labor standards” means— (A) the right of association; (B) the right to organize and bargain collectively; (C) a prohibition on the use of any form of forced or compulsory labor; (D) a minimum age for the employment of children; and (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. (7) Dispute Settlement Understanding

“Dispute Settlement Understanding” applies throughout its chapter

The term “Dispute Settlement Understanding” means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title . (8) GATT 1994

“GATT 1994” applies throughout its chapter

The term “GATT 1994” has the meaning given that term in section 3501 of this title . (9) ILO

“ILO” applies throughout its chapter

The term “ILO” means the International Labor Organization. (10) Import sensitive agricultural product

“import sensitive agricultural product” applies throughout its chapter

The term “import sensitive agricultural product” means an agricultural product— (A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995 , to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994 ; or (B) which was subject to a tariff-rate quota on August 6, 2002 . (11) United States person

“United States person” applies throughout its chapter

The term “United States person” means— (A) a United States citizen; (B) a partnership, corporation, or other legal entity organized under the laws of the United States; and (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both. (12) Uruguay Round Agreements

“Uruguay Round Agreements” applies throughout its chapter

The term “Uruguay Round Agreements” has the meaning given that term in section 3501(7) of this title . (13) World Trade Organization; WTO

“World Trade Organization” applies throughout its chapter

The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement. (14) WTO Agreement

“WTO” applies throughout its chapter

The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement. (14) WTO Agreement

“WTO Agreement” applies throughout its chapter

The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994 . (15) WTO member

“WTO member” applies throughout its chapter

The term “WTO member” has the meaning given that term in section 3501(10) of this title .

“appropriate congressional committees” applies throughout its chapter

The term “appropriate congressional committees” means the Committee on Ways and Means and the Committee on International Relations of the House of Representatives, and the Committee on Finance and the Committee on Foreign Relations of the Senate.

“exporting authority” applies throughout its chapter

The term “exporting authority” means 1 or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate. (4) Importing authority

“importing authority” applies throughout its chapter

The term “importing authority” means 1 or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment. (5) Kimberley Process Certificate

“Kimberley Process Certificate” applies throughout its chapter

The term “Kimberley Process Certificate” means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I to the Kimberley Process Certification Scheme. (6) Kimberley Process Certification Scheme

“Kimberley Process Certification Scheme” applies throughout its chapter

The term “Kimberley Process Certification Scheme” means those standards, practices, and procedures of the international certification scheme for rough diamonds presented in the document entitled “Kimberley Process Certification Scheme” referred to in the Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002 . (7) Participant

“Participant” applies throughout its chapter

The term “Participant” means a state, customs territory, or regional economic integration organization identified by the Secretary of State. (8) Person

“person” applies throughout its chapter

The term “person” means an individual or entity. (9) Rough diamond

“rough diamond” applies throughout its chapter

The term “rough diamond” means any diamond that is unworked or simply sawn, cleaved, or bruted and classifiable under subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States. (10) United States The term “United States”, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (11) United States person

“United States person” applies throughout its chapter

The term “United States person” means— (A) any United States citizen or any alien admitted for permanent residence into the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and (C) any person in the United States.

“Agreement” applies throughout its chapter

The term “Agreement” means the Dominican Republic-Central America-United States Free Trade Agreement approved by the Congress under section 4011(a)(1) of this title . (2) CAFTA–DR country Except as provided in section 4033 of this title ,

“CAFTA–DR country” applies throughout its chapter

the term “CAFTA–DR country” means— (A) Costa Rica, for such time as the Agreement is in force between the United States and Costa Rica; (B) the Dominican Republic, for such time as the Agreement is in force between the United States and the Dominican Republic; (C) El Salvador, for such time as the Agreement is in force between the United States and El Salvador; (D) Guatemala, for such time as the Agreement is in force between the United States and Guatemala; (E) Honduras, for such time as the Agreement is in force between the United States and Honduras; and (F) Nicaragua, for such time as the Agreement is in force between the United States and Nicaragua. (3) Commission

“Commission” applies throughout its chapter

The term “Commission” means the United States International Trade Commission. (4) HTS

“HTS” applies throughout its chapter

The term “HTS” means the Harmonized Tariff Schedule of the United States. (5) Textile or apparel good

“textile or apparel good” applies throughout its chapter

The term “textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title , other than a good listed in Annex 3.29 of the Agreement.

“State law” applies in that section

the term “State law” includes— (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business of insurance. (c) Effect of Agreement with respect to private remedies No person other than the United States— (1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or (2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.