r/title-19-CUSTOMS-DUTIES wiki — defined terms
The statute’s own glossary: every term Title 19 defines, in section order.
“reasonably allocate” applies in that section
The term “reasonably allocate” means to apportion in a manner appropriate to the circumstances. (18) Recovered material
“recovered material” applies in that section
The term “recovered material” means a material in the form of individual parts that are the result of— (A) the disassembly of a used good 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. (19) Remanufactured good
“remanufactured good” applies in that section
The term “remanufactured good” means a good classified in the HTS under any of chapters 84 through 90 or under heading 9402, other than a good classified under heading 8418, 8509, 8510, 8516, or 8703 or subheading 8414.51, 8450.11, 8450.12, 8508.11, or 8517.11, that— (A) is entirely or partially composed of recovered materials; (B) has a life expectancy similar to, and performs in a manner that is the same as or similar to, such a good when new; and (C) has a factory warranty similar to that applicable to such a good when new. (20) Royalties
“royalties” applies in that section
The term “royalties” means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or secret process, excluding payments under technical assistance or similar agreements that can be related to a specific service such as— (A) personnel training, without regard to where the training is performed; or (B) if performed in the territory of one or more USMCA countries, engineering, tooling, die-setting, software design and similar computer services, or other services.
“RVC” applies in that section
The term “RVC” means the regional value content of the good, expressed as a percentage. (ii) TV
“sales promotion, marketing, and after-sales service costs” applies in that section
The term “sales promotion, marketing, and after-sales service costs” means the costs related to sales promotion, marketing, and after-sales service for the following: (A) Sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows, conventions, banners, marketing displays, free samples, sales, marketing, and after-sales service literature (product brochures, catalogs, technical literature, price lists, service manuals, and sales aid information), establishment and protection of logos and trademarks, sponsorships, wholesale and retail charges, and entertainment.
“self-produced material” applies in that section
The term “self-produced material” means a material that is produced by the producer of a good and used in the production of that good. (23) Shipping and packing costs
“shipping and packing costs” applies in that section
The term “shipping and packing costs” means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding the costs of preparing and packaging the good for retail sale. (24) Territory The term “territory”, with respect to a USMCA country, has the meaning given that term in section C of chapter 1 of the USMCA. (25) Total cost (A) In general
“total cost” applies in that section
The term “total cost”— (i) means all product costs, period costs, and other costs for a good incurred in the territory of one or more USMCA countries; and (ii) does not include— (I) profits that are earned by the producer of the good, regardless of whether the costs are retained by the producer or paid out to other persons as dividends; or (II) taxes paid on those profits, including capital gains taxes. (B) Other definitions In this paragraph: (i) Other costs
“transaction value” applies in that section
The term “transaction value” means the price— (A) actually paid or payable for a good or material with respect to a transaction of a producer; and (B) adjusted in accordance with the principles set forth in paragraphs 1, 3, and 4 of article 8 of the Customs Valuation Agreement. (27) USMCA country
“TV” applies in that section
The term “TV” means the transaction value of the good, adjusted to exclude any costs incurred in the international shipment of the good. (iii) VNM
“USMCA country” applies in that section
The term “USMCA country” means the United States, Canada, or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States applies the USMCA to Canada or Mexico. (28) Value
“value” applies in that section
The term “value” means the value of a good or material for purposes of calculating customs duties or applying this section. (b) Application and interpretation In this section: (1) Tariff classification The basis for any tariff classification is the HTS. (2) Reference to HTS Whenever in this section there is a reference to a chapter, heading, or subheading, that reference shall be a reference to a chapter, heading, or subheading of the HTS.
“VNM” applies in that section
The term “VNM” means the value of nonoriginating materials used by the producer in the production of the good. (3) Net cost method (A) In general An importer, exporter, or producer of a good may calculate the regional value content of the good on the basis of the following net cost method: rvc = nc–vnm × 100 nc (B) Definitions In this paragraph: (i) NC
“alternative staging regime” applies in that section
The term “alternative staging regime” means the application, pursuant to subsection (d), of the requirements of article 8 of the automotive appendix to the production of covered vehicles to allow producers of such vehicles to bring such production into compliance with the requirements of articles 2 through 7 of that appendix. (2) Alternative staging regime period
“alternative staging regime period” applies in that section
The term “alternative staging regime period” means the period during which the alternative staging regime is in effect. (3) Automotive appendix
“automotive appendix” applies in that section
The term “automotive appendix” means the Appendix to Annex 4–B of the USMCA (relating to the product-specific rules of origin for automotive goods). (4) Automotive good
“automotive good” applies in that section
The term “automotive good” means— (A) a covered vehicle; or (B) a part, component, or material listed in table A.1, A.2, B, C, D, or E of the automotive appendix. (5) Automotive rules of origin
“automotive rules of origin” applies in that section
The term “automotive rules of origin” means the rules of origin for automotive goods set forth in the automotive appendix. (6) Commissioner
“Commissioner” applies in that section
The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection. (7) Covered vehicle
“covered vehicle” applies in that section
The term “covered vehicle” means a passenger vehicle, light truck, or heavy truck. (8) Interagency committee
“heavy truck” applies in that section
The terms “passenger vehicle”, “light truck”, and “heavy truck” have the meanings given those terms in article 1 of the automotive appendix. (10) USMCA country
“interagency committee” applies in that section
The term “interagency committee” means the interagency committee established under subsection (b)(1). (9) Passenger vehicle; light truck; heavy truck
“light truck” applies in that section
The terms “passenger vehicle”, “light truck”, and “heavy truck” have the meanings given those terms in article 1 of the automotive appendix. (10) USMCA country
“passenger vehicle” applies in that section
The terms “passenger vehicle”, “light truck”, and “heavy truck” have the meanings given those terms in article 1 of the automotive appendix. (10) USMCA country
“USMCA country” applies in that section
The term “USMCA country” means the United States, Canada, or Mexico for such time as the USMCA is in force with respect to Canada or Mexico, and the United States applies the USMCA to Canada or Mexico. (b) Establishment of interagency committee (1) In general Not later than 30 days after January 29, 2020 , the President shall establish an interagency committee— (A) to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the USMCA that relate to automotive goods, including the alternative staging regime; and (B) to review the operation of the USMCA with respect to trade in automotive goods, including— (i) the economic effects of the automotive …
“good subject to USMCA drawback” applies in that section
the term “good subject to USMCA drawback” means any imported good other than the following: (1) A good entered under bond for transportation and exportation to a USMCA country. (2) A good exported to a USMCA country in the same condition as when imported into the United States.
“surge” applies in that section
the term “surge” means a significant increase in imports over the trend for a recent representative base period. (d) Condition applicable to quantitative restrictions Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
“citizen of Mexico” applies in that section
the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.
“border commercial zone” applies throughout its part
The term “border commercial zone” means— (A) the area of United States territory of the municipalities along the United States-Mexico international border and the commercial zones of such municipalities as described in subpart B of part 372 of title 49, Code of Federal Regulations; and (B) any additional border crossing and associated commercial zones listed in the Federal Motor Carrier Safety Administration OP–2 application instructions or successor documents. (2) Cargo originating in Mexico
“cargo originating in Mexico” applies throughout its part
The term “cargo originating in Mexico” means any cargo that enters the United States by commercial motor vehicle from Mexico, including cargo that may have originated in a country other than Mexico. (3) Change in circumstances The term “change in circumstance” may include a substantial increase in services supplied by the grantee of a grant of authority. (4) Commercial motor vehicle
“commercial motor vehicle” applies throughout its part
The term “commercial motor vehicle” means a commercial motor vehicle, as such term is defined in paragraph (1) of section 31132 of title 49 , that meets the requirements of subparagraph (A) of such paragraph. (5) Cross-border long-haul trucking services
“cross-border long-haul trucking services” applies throughout its part
The term “cross-border long-haul trucking services” means— (A) the transportation by commercial motor vehicle of cargo originating in Mexico to a point in the United States outside of a border commercial zone; or (B) the transportation by commercial motor vehicle of cargo originating in the United States from a point in the United States outside of a border commercial zone to a point in a border commercial zone or a point in Mexico. (6) Driver
“driver” applies throughout its part
The term “driver” means a person that drives a commercial motor vehicle in cross-border long-haul trucking services. (7) Grant of authority
“grant of authority” applies throughout its part
The term “grant of authority” means registration granted pursuant to section 13902 of title 49 , or a successor provision, to persons of Mexico to conduct cross-border long-haul trucking services in the United States. (8) Interested party
“interested party” applies throughout its part
The term “interested party” means— (A) persons of the United States engaged in the provision of cross-border long-haul trucking services; (B) a trade or business association, a majority of whose members are part of the relevant United States long-haul trucking services industry; (C) a certified or recognized union, or representative group of suppliers, operators, or drivers who are part of the United States long-haul trucking services industry; (D) the Government of Mexico; or (E) persons of Mexico. (9) Material harm
“material harm” applies throughout its part
The term “material harm” means a significant loss in the share of the United States market or relevant sub-market for cross-border long-haul trucking services held by persons of the United States. (10) Operator or supplier
“operator” applies throughout its part
The term “operator” or “supplier” means an entity that has been granted registration under section 13902 of title 49 to provide cross-border long-haul trucking services. (11) Persons of Mexico
“persons of Mexico” applies throughout its part
The term “persons of Mexico” includes— (A) entities domiciled in Mexico organized, or otherwise constituted under Mexican law, including subsidiaries of United States companies domiciled in Mexico, or entities owned or controlled by a Mexican national, which conduct cross-border long-haul trucking services, or employ drivers who are non-United States nationals; and (B) drivers who are Mexican nationals. (12) Persons of the United States
“persons of the United States” applies throughout its part
The term “persons of the United States” includes entities domiciled in the United States, organized or otherwise constituted under United States law, and not owned or controlled by persons of Mexico, which provide cross-border long-haul trucking services and long-haul commercial motor vehicle drivers who are United States nationals. (13) Threat of material harm
“supplier” applies throughout its part
The term “operator” or “supplier” means an entity that has been granted registration under section 13902 of title 49 to provide cross-border long-haul trucking services. (11) Persons of Mexico
“threat of material harm” applies throughout its part
The term “threat of material harm” means material harm that is likely to occur. (14) United States long-haul trucking services industry
“United States long-haul trucking services industry” applies throughout its part
The term “United States long-haul trucking services industry” means— (A) United States suppliers, operators, or drivers as a whole providing cross-border long-haul trucking services; or (B) United States suppliers, operators, or drivers providing cross-border long-haul trucking services in a specific sub-market of the whole United States market.
“competent investigating authority” applies in that section
The term “competent investigating authority” means the competent investigating authority, as defined in article 10.8, of a USMCA country. (2) United States Secretary
“United States Secretary” applies in that section
The term “United States Secretary” means that officer of the United States referred to in article 10.16. (b) Requests for review by United States In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 10.12 shall be made by the United States Secretary.
“administering authority” applies in that section
the term “administering authority” has the meaning given such term in section 1677(1) of this title .
“joint review” applies in that section
The term “joint review” means a review conducted under the process provided for in article 34.7 of the USMCA relating to extension of the term of the USMCA. (2) USMCA country
“USMCA country” applies in that section
The term “USMCA country” has the meaning given that term in section 4531(a) of this title .
“labor attaché” applies throughout its subchapter
The term “labor attaché” means an individual hired under part B. (2) Labor obligations
“labor obligations” applies throughout its subchapter
The term “labor obligations” means the obligations under chapter 23 of the USMCA (relating to labor). (3) Mexico’s labor reform
“Mexico’s labor reform” applies throughout its subchapter
The term “Mexico’s labor reform” means the legislation on labor reform enacted by Mexico on May 1, 2019 .
“environmental law” applies throughout its subchapter
The term “environmental law” has the meaning given the term in article 24.1 of the USMCA. (2) Environmental obligations
“environmental obligations” applies throughout its subchapter
The term “environmental obligations” means obligations relating to the environment under— (A) chapter 1 of the USMCA (relating to initial provisions and general definitions); and (B) chapter 24 of the USMCA (relating to environment).
“covered area” applies in that section
The term “covered area” means the portion of the Tijuana River watershed that is in the United States. (2) Eligible public entities
“eligible public entities” applies in that section
The term “eligible public entities” means— (A) the United States Section of the International Boundary and Water Commission; (B) the Corps of Engineers; (C) the North American Development Bank; (D) the Department of State; (E) any other appropriate Federal agency; (F) the State of California; and (G) any of the following entities with jurisdiction over any part of the covered area: (i) A local government. (ii) An Indian Tribe. (iii) A regional water board. (iv) A public wastewater utility. (3) Treatment works
“treatment works” applies in that section
The term “treatment works” has the meaning given that term in section 1292 of title 33 .