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

“applicable NTR (MFN) rate of duty” applies in that section

the term “applicable NTR (MFN) rate of duty” means, with respect to a safeguard good, a rate of duty that is the lesser of— (A) the column 1 general rate of duty that would, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or (B) the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force, apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good. (3) Schedule rate of duty For purposes of subsection (b),

“safeguard good” applies in that section

the term “safeguard good” means a good— (A) that is included in the Schedule of the United States to Annex 3.15 of the Agreement; (B) that qualifies as an originating good under section 4033 of this title , except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and (C) for which a claim for preferential tariff treatment under the Agreement has been made.

“schedule rate of duty” applies in that section

the term “schedule rate of duty” means, with respect to a safeguard good, the rate of duty for that good that is set out in the Schedule of the United States to Annex 3.3 of the Agreement. (4) Safeguard good In this section,

“adjusted value” applies in that section

The term “adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(8) of this title , adjusted, if necessary, to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation. (2) CAFTA–DR country

“automotive good” applies in that section

The term “automotive good” means a good provided for in any of subheadings 8407.31 through 8407.34, subheading 8408.20, heading 8409, or in any of headings 8701 through 8708. (ii) RVC

“AV” applies in that section

The term “AV” means the adjusted value of the good. (iii) VNM

“CAFTA–DR country” applies in that section

The term “CAFTA–DR country” means— (A) the United States; and (B) Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, or Nicaragua, for such time as the Agreement is in force between the United States and that country. (3) Class of motor vehicles

“class of motor vehicles” applies in that section

The term “class of motor vehicles” means any one of the following categories of motor vehicles: (A) Motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90. (B) Motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90. (C) Motor vehicles for the transport of 15 or fewer persons provided for in subheading 8702.10 or 8702.90, or motor vehicles provided for in subheading 8704.21 or 8704.31. (D) Motor vehicles provided for in any of subheadings 8703.21 through 8703.90.

“component of the good that determines the tariff classification of the good” applies in that section

the term “component of the good that determines the tariff classification of the good” means all of the fibers in the good. (g) Fungible goods and materials (1) In general (A) Claim for preferential tariff treatment A person claiming that a fungible good or fungible material is an originating good may base the claim either on the physical segregation of the fungible good or fungible material or by using an inventory management method with respect to the fungible good or fungible material. (B) Inventory management method In this subsection,

“fungible good” applies in that section

The term “fungible good” or “fungible material” means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material. (5) Generally accepted accounting principles

“fungible material” applies in that section

The term “fungible good” or “fungible material” means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material. (5) Generally accepted accounting principles

“generally accepted accounting principles” applies in that section

The term “generally accepted accounting principles” means the recognized consensus or substantial authoritative support in the territory of a CAFTA–DR country with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. The principles may encompass broad guidelines of general application as well as detailed standards, practices, and procedures. (6) Goods wholly obtained or produced entirely in the territory of one or more of the CAFTA–DR countries

“identical goods” applies in that section

The term “identical goods” means identical goods as defined in the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(8) of this title ; (8) Indirect material

“indirect material” applies in that section

The term “indirect material” means a good used in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including— (A) fuel and energy; (B) tools, dies, and molds; (C) spare parts and materials used in the maintenance of equipment or buildings; (D) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings; (E) gloves, glasses, footwear, clothing, safety equipment, and supplies; (F) equipment, devices, and supplies used for testing or inspecting the good; (G) …

“interested entity” applies in that section

The term “interested entity” means the government of a CAFTA–DR country other than the United States, a potential or actual purchaser of a textile or apparel good, or a potential or actual supplier of a textile or apparel good. (ii) All references to “day” and “days” exclude Saturdays, Sundays, and legal holidays. (C) Requests to add fabrics, yarns, or fibers (i) An interested entity may request the President to determine that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries and to add that fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement in a restricted or unrestricted quantity.

“inventory management method” applies in that section

the term “inventory management method” means— (i) averaging; (ii) “last-in, first-out”; (iii) “first-in, first-out”; or (iv) any other method— (I) recognized in the generally accepted accounting principles of the CAFTA–DR country in which the production is performed; or (II) otherwise accepted by that country. (2) Election of inventory method A person selecting an inventory management method under paragraph (1) for a particular fungible good or fungible material shall continue to use that method for that fungible good or fungible material throughout the fiscal year of that person.

“material” applies in that section

The term “material” means a good that is used in the production of another good, including a part or an ingredient. (10) Material that is self-produced

“material that is self-produced” applies in that section

The term “material that is self-produced” means an originating material that is produced by a producer of a good and used in the production of that good. (11) Model line

“model line” applies in that section

The term “model line” means a group of motor vehicles having the same platform or model name. (12) Net cost

“NC” applies in that section

The term “NC” means the net cost of the automotive good. (iv) VNM

“net cost” applies in that section

The term “net cost” means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost. (13) Nonallowable interest costs

“nonallowable interest costs” applies in that section

The term “nonallowable interest costs” means interest costs incurred by a producer that exceed 700 basis points above the applicable official interest rate for comparable maturities of the CAFTA–DR country in which the producer is located. (14) Nonoriginating good or nonoriginating material

“nonoriginating good” applies in that section

The terms “nonoriginating good” and “nonoriginating material” mean a good or material, as the case may be, that does not qualify as originating under this section. (15) Packing materials and containers for shipment

“nonoriginating material” applies in that section

The terms “nonoriginating good” and “nonoriginating material” mean a good or material, as the case may be, that does not qualify as originating under this section. (15) Packing materials and containers for shipment

“packing materials and containers for shipment” applies in that section

The term “packing materials and containers for shipment” means the goods used to protect a good during its transportation and does not include the packaging materials and containers in which a good is packaged for retail sale. (16) Preferential tariff treatment

“preferential tariff treatment” applies in that section

The term “preferential tariff treatment” means the customs duty rate, and the treatment under article 3.10.4 of the Agreement, that are applicable to an originating good pursuant to the Agreement. (17) Producer

“producer” applies in that section

The term “producer” means a person who engages in the production of a good in the territory of a CAFTA–DR country. (18) Production

“production” applies in that section

The term “production” means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good. (19) Reasonably allocate

“reasonably allocate” applies in that section

The term “reasonably allocate” means to apportion in a manner that would be appropriate under generally accepted accounting principles. (20) Recovered goods

“recovered goods” applies in that section

The term “recovered goods” means materials in the form of individual parts that are the result of— (A) the disassembly of used goods into individual parts; and (B) the cleaning, inspecting, testing, or other processing that is necessary for improvement to sound working condition of such individual parts. (21) Remanufactured good

“remanufactured good” applies in that section

The term “remanufactured good” means a good that is classified under chapter 84, 85, or 87, or heading 9026, 9031, or 9032, other than a good classified under heading 8418 or 8516, and that— (A) is entirely or partially comprised of recovered goods; and (B) has a similar life expectancy and enjoys a factory warranty similar to such a new good. (22) Total cost

“RVC” applies in that section

The term “RVC” means the regional value-content of the good, expressed as a percentage. (ii) AV

“total cost” applies in that section

The term “total cost” means all product costs, period costs, and other costs for a good incurred in the territory of one or more of the CAFTA–DR countries. (23) Used

“used” applies in that section

The term “used” means used or consumed in the production of goods. (o) Presidential proclamation authority (1) In general The President is authorized to proclaim, as part of the HTS— (A) the provisions set out in Annex 4.1 of the Agreement; and (B) any additional subordinate category necessary to carry out this subchapter consistent with the Agreement. (2) Fabrics and yarns not available in commercial quantities in the United States The President is authorized to proclaim that a fabric or yarn is added to the list in Annex 3.25 of the Agreement in an unrestricted quantity, as provided in article 3.25.4(e) of the Agreement.

“VNM” applies in that section

The term “VNM” means the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is self-produced. (3) Build-up method (A) In general The regional value-content of a good may be calculated on the basis of the following build-up method: rvc = vom × 100 av (B) Definitions In subparagraph (A): (i) RVC

“VOM” applies in that section

The term “VOM” means the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good. (4) Special rule for certain automotive goods (A) In general For purposes of subsection (b)(2), the regional value-content of an automotive good referred to in Annex 4.1 of the Agreement may be calculated by the importer, exporter, or producer of the good, on the basis of the following net cost method: rvc = nc–vnm × 100 nc (B) Definitions In subparagraph (A): (i) Automotive good

“entry” applies in that section

the term “entry” includes a withdrawal from warehouse for consumption.

“CAFTA–DR article” applies throughout its subchapter

The term “CAFTA–DR article” means an article that qualifies as an originating good under section 4033(b) of this title . (2) CAFTA–DR textile or apparel article

“CAFTA–DR textile or apparel article” applies throughout its subchapter

The term “CAFTA–DR textile or apparel article” means a textile or apparel good (as defined in section 4002(5) of this title ) that is a CAFTA–DR article. (3) De minimis supplying country (A) Subject to subparagraph (B),

“de minimis supplying country” applies throughout its subchapter

the term “de minimis supplying country” means a CAFTA–DR country whose share of imports of the relevant CAFTA–DR article into the United States does not exceed 3 percent of the aggregate volume of imports of the relevant CAFTA–DR article in the most recent 12-month period for which data are available that precedes the filing of the petition under section 4061(a) of this title .

“relevant CAFTA–DR article” applies throughout its subchapter

The term “relevant CAFTA–DR article” means the CAFTA–DR article with respect to which a petition has been filed under section 4061(a) of this title .

“White Paper” applies in that section

the term “White Paper” means the report of April 2005 of the Working Group of the Vice Ministers Responsible for Trade and Labor in the Countries of Central America and the Dominican Republic entitled “The Labor Dimension in Central America and the Dominican Republic - Building on Progress: Strengthening Compliance and Enhancing Capacity”.

“appropriate congressional committees” applies in that section

the term “appropriate congressional committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate;

“eligible apparel articles” applies in that section

the term “eligible apparel articles” means the following articles classified in chapter 62 of the HTS (and meeting the requirements of the rules relating to chapter 62 of the HTS contained in general note 29(n) of the HTS) of cotton (but not of denim): trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts, and pants;

“eligible country” applies in that section

the term “eligible country” means the Dominican Republic; and;

“qualifying fabric” applies in that section

the term “qualifying fabric” means woven fabric of cotton wholly formed in the United States from yarns wholly formed in the United States and certified by the producer or entity controlling production as being suitable for use in the manufacture of apparel items such as trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts or pants, all the foregoing of cotton, except that— (A) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains nylon filament yarn with respect to which section 2703(b)(2)(A)(vii)(IV) of this title applies; (B) fabric that would otherwise be ineligible as qualifying fabric because …

“actions to boycott, divest from, or sanction Israel” applies in that section

the term “actions to boycott, divest from, or sanction Israel” means actions by states, non-member states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories.

“extension disapproval resolution” applies throughout its chapter

the term “extension disapproval resolution” means a resolution of either House of 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 103(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, of the trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement entered into under section 103(b) of that Act after June 30, 2018 .”, with the blank space being filled with the name of the resolving House of 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 Congress on ____ under section 105(b)(3) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 with respect to ____, are inconsistent with the negotiating objectives described in section 102(b)(17) 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 …

“annual report on trafficking in persons” applies in that section

The term “annual report on trafficking in persons” means the annual report on trafficking in persons required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1) ). (ii) Appropriate congressional committees

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (I) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and (II) the Committee on Finance and the Committee on Foreign Relations of the Senate. (iii) Tier 2 watch list

“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 Congressional Trade Priorities and Accountability Act of 2015 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 …

“tier 2 watch list” applies in that section

The term “tier 2 watch list” means the list of countries required under section 110(b)(2)(A)(iii) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(2)(A)(iii) ). (iv) Tier 3 country

“tier 3 country” applies in that section

The term “tier 3 country” means a country on the list of countries required under section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(1)(C) ). (c) Rules of House of Representatives and Senate Subsection (b) of this section, section 4202(c) of this title , and section 4204(b)(3) of this title are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the …

“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

“Agreement on Safeguards” applies throughout its chapter

The term “Agreement on Safeguards” 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

“Antidumping Agreement” applies throughout its chapter

The term “Antidumping Agreement” 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) Common multilateral environmental agreement (A) In general

“common multilateral environmental agreement” applies throughout its chapter

The term “common multilateral environmental agreement” means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement. (B) Agreements specified The agreements specified in this subparagraph are the following: (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249).

“core labor standards” applies throughout its chapter

The term “core labor standards” means— (A) freedom of association; (B) the effective recognition of the right to collective bargaining; (C) the elimination of all forms of forced or compulsory 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. (8) 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 . (9) Enabling Clause

“Enabling Clause” applies throughout its chapter

The term “Enabling Clause” means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted November 28, 1979 , under GATT 1947 (as defined in section 3501 of this title ). (10) Environmental laws The term “environmental laws”, with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of the Federal Government. (11) GATT 1994

“GATT 1994” applies throughout its chapter

The term “GATT 1994” has the meaning given that term in section 3501 of this title . (12) General Agreement on Trade in Services

“General Agreement on Trade in Services” applies throughout its chapter

The term “General Agreement on Trade in Services” means the General Agreement on Trade in Services (referred to in section 3511(d)(14) of this title ). (13) Government Procurement Agreement

“Government Procurement Agreement” applies throughout its chapter

The term “Government Procurement Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title . (14) ILO

“ILO” applies throughout its chapter

The term “ILO” means the International Labor Organization. (15) 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 June 29, 2015 . (16) Information Technology Agreement

“Information Technology Agreement” applies throughout its chapter

The term “Information Technology Agreement” means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore December 13, 1996 . (17) Internationally recognized core labor standards

“internationally recognized core labor standards” applies throughout its chapter

The term “internationally recognized core labor standards” means the core labor standards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998). (18) Labor laws

“labor laws” applies throughout its chapter

The term “labor laws” means the statutes and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, and for the United States, includes Federal statutes and regulations addressing those standards, protections, or conditions, but does not include State or local labor laws. (19) 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 that is 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. (20) 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 . (21) 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. (22) WTO Agreement

“WTO” applies throughout its chapter

The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement. (22) 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 . (23) 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 .

“Automated Commercial Environment” applies throughout its chapter

The term “Automated Commercial Environment” means the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title . (2) Commercial operations of U.S. Customs and Border Protection

“commercial operations of U.S. Customs and Border Protection” applies throughout its chapter

The term “commercial operations of U.S. Customs and Border Protection” includes— (A) administering any customs revenue function (as defined in section 215 of title 6 ); (B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement; (C) coordinating with the Director of U.S.

“Commissioner” applies throughout its chapter

The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection, as described in section 211(b) of title 6 . (4) Customs and trade laws of the United States

“customs and trade laws of the United States” applies throughout its chapter

The term “customs and trade laws of the United States” includes the following: (A) The Tariff Act of 1930 ( 19 U.S.C. 1202 et seq.). (B) Section 3 of this title . (C) Section 6 of this title . (D) The Act of March 3, 1927 ( 44 Stat. 1381 , chapter 348; 19 U.S.C. 2071 et seq.). (E) Section 58c of this title . (F) Section 66 of this title . (G) Section 68 of this title . (H) The Act of June 18, 1934 ( 48 Stat. 998 , chapter 590; 19 U.S.C. 81a et seq.; commonly known as the “Foreign Trade Zones Act”). (I) Section 198 of this title . (J) The Trade Act of 1974 ( 19 U.S.C. 2101 et seq.). (K) The Trade Agreements Act of 1979 ( 19 U.S.C. 2501 et seq.).

“private sector entity” applies throughout its chapter

The term “private sector entity” means— (A) an importer; (B) an exporter; (C) a forwarder; (D) an air, sea, or land carrier or shipper; (E) a contract logistics provider; (F) a customs broker; or (G) any other person (other than an employee of a government) affected by the implementation of the customs and trade laws of the United States. (6) Trade enforcement

“trade enforcement” applies throughout its chapter

The term “trade enforcement” means the enforcement of the customs and trade laws of the United States. (7) Trade facilitation The term “trade facilitation” refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.

“Director” applies in that section

The term “Director” means the Director of U.S. Immigration and Customs Enforcement. (2) United States

“U.S. Customs and Border Protection personnel” applies in that section

The term “U.S. Customs and Border Protection personnel” means import specialists, auditors, and other appropriate employees of the U.S. Customs and Border Protection. (4) U.S. Immigration and Customs Enforcement personnel

“U.S. Immigration and Customs Enforcement personnel” applies in that section

The term “U.S. Immigration and Customs Enforcement personnel” means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. Immigration and Customs Enforcement.

“United States” applies in that section

The term “United States” means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (3) U.S. Customs and Border Protection personnel

“inspection” applies in that section

the term “inspection” means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of— (A) assessing duties; (B) identifying restricted or prohibited items; and (C) ensuring compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.

“importer” applies in that section

The term “importer” means one of the parties qualifying as an importer of record under section 1484(a)(2)(B) of this title . (2) Nonresident importer

“nonresident importer” applies in that section

The term “nonresident importer” means an importer who is— (A) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or (B) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.

“appropriate congressional committees” applies throughout its subchapter

the term “appropriate congressional committees” means— (1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.

“appropriate congressional committees” applies throughout its subchapter

The term “appropriate congressional committees” means— (A) the Committee on Finance and the Committee on Appropriations of the Senate; and (B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. (2) Covered merchandise

“covered merchandise” applies throughout its subchapter

The term “covered merchandise” means merchandise that is subject to— (A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 ( 19 U.S.C. 1671e ); or (B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 ( 19 U.S.C. 1673e ). (3) Eligible small business (A) In general

“eligible small business” applies throughout its subchapter

The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion. (B) Nonreviewability Any agency decision regarding whether a business concern is an eligible small business for purposes of section 4371(b)(4)(E) of this title is not reviewable by any other agency or by any court. (4) Enter; entry The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Treasury. (7) Trade remedy laws

“trade remedy laws” applies throughout its subchapter

The term “trade remedy laws” means title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq.).

“antidumping duties” applies in that section

The term “antidumping duties” means antidumping duties imposed under section 1673 of this title or under the Antidumping Act, 1921 (title II of the Act of May 27, 1921 ; 42 Stat. 11 , chapter 14). (2) Countervailing duties

“countervailing duties” applies in that section

The term “countervailing duties” means countervailing duties imposed under section 1671 of this title .

“TPC” applies in that section

The terms “Trade Policy Committee” and “TPC” mean the interagency organization established under section 1872 of this title . (2) WTO

“Trade Policy Committee” applies in that section

The terms “Trade Policy Committee” and “TPC” mean the interagency organization established under section 1872 of this title . (2) WTO

“WTO” applies in that section

The term “WTO” means the World Trade Organization. (3) WTO agreement

“WTO Agreement” applies in that section

The term “WTO Agreement” has the meaning given that term in section 3501(9) of this title . (4) WTO agreements

“WTO Agreements” applies in that section

The term “WTO Agreements” means the WTO Agreement and agreements annexed to that Agreement.

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and (B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. (2) Country

“country” applies in that section

The term “country” means a foreign country, dependent territory, or possession of a foreign country, and may include an association of 2 or more foreign countries, dependent territories, or possessions of countries into a customs union outside the United States. (3) Real effective exchange rate

“real effective exchange rate” applies in that section

The term “real effective exchange rate” means a weighted average of bilateral exchange rates, expressed in price-adjusted terms. (4) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Treasury.

“appropriate congressional committees” applies throughout its subchapter

The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (2) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of Homeland Security.

“initial preclearance operations costs” applies in that section

the term “initial preclearance operations costs” means the costs incurred, or expected to be incurred, by U.S. Customs and Border Protection to establish or maintain preclearance operations at an airport in a foreign country, including costs relating to— (A) hiring, training, and equipping new U.S. Customs and Border Protection officers who will be stationed at United States domestic ports of entry or other U.S. Customs and Border Protection facilities to backfill U.S. Customs and Border Protection officers to be stationed at an airport in a foreign country to conduct preclearance operations; and (B) visits to the airport authority conducted by U.S.

“boycott of, divestment from, and sanctions against Israel” applies in that section

The term “boycott of, divestment from, and sanctions against Israel” means actions by states, nonmember states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in any territory controlled by Israel. (2) Domestic court

“domestic court” applies in that section

The term “domestic court” means a Federal court of the United States, or a court of any State or territory of the United States or of the District of Columbia. (3) Foreign court

“foreign court” applies in that section

The term “foreign court” means a court, an administrative body, or other tribunal of a foreign country. (4) Foreign judgment

“foreign judgment” applies in that section

The term “foreign judgment” means a final civil judgment rendered by a foreign court. (5) Foreign person

“foreign person” applies in that section

The term “foreign person” means— (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (6) Person (A) In general

“person” applies in that section

The term “person” means— (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) any successor to any entity described in clause (ii). (B) Application to governmental entities The term “person” does not include a government or governmental entity that is not operating as a business enterprise. (7) United States person

“United States person” applies in that section

The term “United States person” means— (A) a natural person who is a national of the United States (as defined in section 1101(a)(22) of title 8 ); or (B) a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.

“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) HTS

“HTS” applies in that section

The term “HTS” means the Harmonized Tariff Schedule of the United States. (3) Identical goods

“identical goods” applies in that section

The term “identical goods” means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods. (4) International Trade Commission

“International Trade Commission” applies in that section

The term “International Trade Commission” means the United States International Trade Commission. (5) Mexico

“Mexico” applies in that section

The term “Mexico” means the United Mexican States. (6) NAFTA

“NAFTA” applies in that section

The term “NAFTA” means the North American Free Trade Agreement approved by Congress under section 101(a)(1) of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3311(a)(1) ). 1 (7) Preferential tariff treatment

“preferential tariff treatment” applies in that section

The term “preferential tariff treatment” means the customs duty rate that is applicable to an originating good (as defined in section 4531(a) of this title ) under the USMCA. (8) Trade Representative

“Trade Representative” applies in that section

The term “Trade Representative” means the United States Trade Representative. (9) USMCA

“USMCA” applies in that section

The term “USMCA” means the Agreement between the United States of America, the United Mexican States, and Canada, which is— (A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018 , as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019 ; and (B) approved by Congress under section 4511(a)(1) of this title . (10) USMCA country Except as otherwise provided,

“USMCA country” applies in that section

the term “USMCA country” means— (A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada; and (B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.

“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 USMCA with respect to private remedies No person other than the United States— (1) shall have any cause of action or defense under the USMCA 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 USMCA.

“aquaculture” applies in that section

The term “aquaculture” means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates, and aquatic plants from seed stock such as eggs, fry, fingerlings, or larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding, or protection from predators. (2) Customs Valuation Agreement

“Customs Valuation Agreement” applies in that section

The term “Customs Valuation Agreement” means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(8) of this title . (3) Fungible good or fungible material

“fungible good” applies in that section

The term “fungible good” or “fungible material” means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material. (4) Good wholly obtained or produced entirely in the territory of one or more USMCA countries

“fungible material” applies in that section

The term “fungible good” or “fungible material” means a good or material, as the case may be, that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material. (4) Good wholly obtained or produced entirely in the territory of one or more USMCA countries

“indirect material” applies in that section

The term “indirect material” means a material used or consumed in the production, testing, or inspection of a good but not physically incorporated into the good, or a material used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good, including— (A) fuel and energy; (B) tools, dies, and molds; (C) spare parts and materials used or consumed in the maintenance of equipment or buildings; (D) lubricants, greases, compounding materials, and other materials used or consumed in production or to operate equipment or buildings; (E) gloves, glasses, footwear, clothing, safety equipment, and supplies; (F) equipment, devices, and supplies …

“intermediate material” applies in that section

The term “intermediate material” means a material that is self-produced, used or consumed in the production of a good, and designated as an intermediate material pursuant to subsection (d)(9). (7) Material

“material” applies in that section

The term “material” means a good that is used or consumed in the production of another good and includes a part or an ingredient. (8) Net cost

“NC” applies in that section

The term “NC” means the net cost of the good. (ii) RVC

“net cost” applies in that section

The term “net cost” means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost. (9) Net cost of a good

“net cost of a good” applies in that section

The term “net cost of a good” means the net cost that can be reasonably allocated to a good using one of the methods set forth in subsection (d)(7). (10) Nonallowable interest costs

“nonallowable interest costs” applies in that section

The term “nonallowable interest costs” means interest costs incurred by a producer that exceed 700 basis points above the applicable official interest rate for comparable maturities of the country in which the producer is located. (11) Nonoriginating good or nonoriginating material

“nonoriginating good” applies in that section

The term “nonoriginating good” or “nonoriginating material” means a good or material, as the case may be, that does not qualify as originating under this section. (12) Originating good; originating material

“nonoriginating material” applies in that section

The term “nonoriginating good” or “nonoriginating material” means a good or material, as the case may be, that does not qualify as originating under this section. (12) Originating good; originating material

“originating good” applies in that section

The term “originating good” or “originating material” means a good or material, as the case may be, that qualifies as originating under this section. (13) Packaging materials and containers

“originating material” applies in that section

The term “originating good” or “originating material” means a good or material, as the case may be, that qualifies as originating under this section. (13) Packaging materials and containers

“other costs” applies in that section

The term “other costs” means all costs recorded on the books of the producer that are not product costs or period costs, such as interest. (ii) Period costs

“packaging materials and containers” applies in that section

The term “packaging materials and containers” means materials and containers in which a good is packaged for retail sale. (14) Packing materials and containers

“packing materials and containers” applies in that section

The term “packing materials and containers” means materials and containers that are used to protect a good during transportation. (15) Producer

“period costs” applies in that section

The term “period costs” means costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses. (iii) Product costs

“producer” applies in that section

The term “producer” means a person who engages in the production of a good. (16) Production

“product costs” applies in that section

The term “product costs” means costs that are associated with the production of a good, including the value of materials, direct labor costs, and direct overhead. (26) Transaction value

“production” applies in that section

The term “production” means— (A) growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, breeding, extracting, manufacturing, processing, or assembling a good; or (B) the farming of aquatic organisms through aquaculture. (17) Reasonably allocate