r/title-19-CUSTOMS-DUTIES wiki — defined terms
The statute’s own glossary: every term Title 19 defines, in section order.
“arrival” applies in that section
The term “arrival” means arrival at a port of entry in the customs territory of the United States.;
“barge or other bulk carrier” applies in that section
The term “barge or other bulk carrier” means any vessel which— (A) is not self-propelled, or (B) transports fungible goods that are not packaged in any form. (d) Collection (1) Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the customs territory of the United States shall— (A) collect from that individual the fee charged under subsection (a)(5) at the time the document or ticket is issued; and (B) separately identify on that document or ticket the fee charged under subsection (a)(5) as a Federal inspection fee.
“Consumer Price Index” applies in that section
the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
“customs broker permit” applies in that section
The term “customs broker permit” means a permit issued under section 1641(c) of this title .;
“customs territory of the United States” applies in that section
The term “customs territory of the United States” has the meaning given to such term by general note 2 of the Harmonized Tariff Schedule of the United States.;
“ferry” applies in that section
The term “ferry” means any vessel which is being used— (A) to provide transportation only between places that are no more than 300 miles apart, and (B) to transport only— (i) passengers, or (ii) vehicles, or railroad cars, which are being used, or have been used, in transporting passengers or goods.;
“small airport or other facility” applies in that section
The term “small airport or other facility” means any airport or facility to which section 58b of this title applies, if more than 25,000 informal entries were cleared through such airport or facility during the preceding fiscal year. (D) (i) With respect to the processing of items that are sent to the United States through the international postal network by “Inbound Express Mail service” or “Inbound EMS” (as that service is described in the mail classification schedule referred to in section 3631 of title 39 ), the following payments are required: (I) $1 per Inbound EMS item. (II) If an Inbound EMS item is formally entered, the fee provided for under subsection (a)(9), if applicable.
“applicant” applies throughout its chapter
The term “applicant” means a corporation applying for the right to establish, operate, and maintain a foreign-trade zone;
“Board” applies throughout its chapter
The term “Board” means the Board which is established to carry out the provisions of this chapter. The Board shall consist of the Secretary of Commerce, who shall be chairman and executive officer of the Board, and the Secretary of the Treasury;
“corporation” applies throughout its chapter
The term “corporation” means a public corporation and a private corporation, as defined in this chapter;
“grantee” applies throughout its chapter
The term “grantee” means a corporation to which the privilege of establishing, operating, and maintaining a foreign-trade zone has been granted;
“private corporation” applies throughout its chapter
The term “private corporation” means any corporation (other than a public corporation) which is organized for the purpose of establishing, operating, and maintaining a foreign-trade zone and which is chartered under special Act enacted after June 18, 1934 , of the State or States within which it is to operate such zone;
“public corporation” applies throughout its chapter
The term “public corporation” means a State, political subdivision thereof, a municipality, a public agency of a State, political subdivision thereof, or municipality, or a corporate municipal instrumentality of one or more States;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Commerce;
“State” applies throughout its chapter
The term “State” includes any State, the District of Columbia, and Puerto Rico;
“zone” applies throughout its chapter
The term “zone” means a “foreign-trade zone” as provided in this chapter.
“foreign trade zone” applies in that section
the term “foreign trade zone” includes a subzone.
“customs officer” applies in that section
The term “customs officer” means an individual performing those functions specified by regulation by the Secretary of the Treasury for a customs inspector or canine enforcement officer. Such functions shall be consistent with such applicable standards as may be promulgated by the Office of Personnel Management.;
“holiday” applies in that section
The term “holiday” means any day designated as a holiday under a Federal statute or Executive order.
“forced labor or/and indentured labor” applies in that section
the term “forced labor or/and indentured labor” includes forced or indentured child labor.
“cat fur” applies in that section
The term “cat fur” means the pelt or skin of any animal of the species Felis catus. (2) Interstate commerce
“customs laws of the United States” applies in that section
The term “customs laws of the United States” means any other law or regulation enforced or administered by the United States Customs Service. (4) Designated authority
“designated authority” applies in that section
The term “designated authority” means the Secretary of the Treasury, with respect to the prohibitions under subsection (b)(1)(A), and the President (or the President’s designee), with respect to the prohibitions under subsection (b)(1)(B). (5) Dog fur
“dog fur” applies in that section
The term “dog fur” means the pelt or skin of any animal of the species Canis familiaris. (6) Dog or cat fur product
“dog or cat fur product” applies in that section
The term “dog or cat fur product” means any item of merchandise which consists, or is composed in whole or in part, of any dog fur, cat fur, or both. (7) Person
“interstate commerce” applies in that section
The term “interstate commerce” means the transportation for sale, trade, or use between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof. (3) Customs laws
“person” applies in that section
The term “person” includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States. (8) United States
“United States” applies in that section
The term “United States” means the customs territory of the United States, as defined in general note 2 of the Harmonized Tariff Schedule of the United States. (b) Prohibitions (1) In general It shall be unlawful for any person to— (A) import into, or export from, the United States any dog or cat fur product; or (B) introduce into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product.
“metal-bearing materials” applies in that section
the term “metal-bearing materials” means metal-bearing ores and other metal-bearing materials provided for in chapter 26 of the Harmonized Tariff Schedule of the United States, metal waste and scrap and unwrought metal to be smelted or refined provided for in chapters 71 through 83 of the Harmonized Tariff Schedule of the United States, and metal compounds to be processed for the recovery of their metal content; (2) the term “smelting or refining” embraces only pyrometallurgical, hydrometallurgical, electrometallurgical, chemical, or other processes— (A) for the treatment of metal-bearing materials to reduce the metal content thereof to a metallic state in the course of recovering it in …
“product of smelting or refining” applies in that section
the term “product of smelting or refining” means metals or metal-bearing materials resulting directly from smelting or refining processes, but does not include metal-bearing ores of chapter 26 of the Harmonized Tariff Schedule of the United States. (g) Supervision and cost of labor under this section Labor performed and services rendered pursuant to this section shall be under the supervision of an officer of the customs, to be appointed by the Secretary of the Treasury and at the expense of the manufacturer. The Secretary of the Treasury is authorized to make such rules and regulations as may be necessary to carry out the provisions of this section.
“bill of materials” applies in that section
the terms “bill of materials” and “formula” mean records kept in the normal course of business that identify each component incorporated into a manufactured or produced article or that identify the quantity of each element, material, chemical, mixture, or other substance incorporated into a manufactured article.
“destruction” applies in that section
the term “destruction” includes a process by which materials are recovered from imported merchandise or from an article manufactured from imported merchandise. In determining the amount of duties to be refunded as drawback to a claimant under this subsection, the value of recovered materials (including the value of any tax benefit or royalty payment) that accrues to the drawback claimant shall be deducted from the value of the imported merchandise that is destroyed, or from the value of the merchandise used, or designated as used, in the manufacture of the article.
“directly” applies in that section
The term “directly” means a transfer of merchandise or an article from one person to another person without any intermediate transfer. (2) HTS
“drawback claimant” applies in that section
The term “drawback claimant” means the exporter of the exported article or the refiner, producer, or importer of either the qualified article or the exported article. Any person eligible to file a drawback claim under this subparagraph may designate another person to file such claim.
“drawback successor” applies in that section
the term “drawback successor” means an entity to which another entity (in this subsection referred to as the “predecessor”) has transferred by written agreement, merger, or corporate resolution— (A) all or substantially all of the rights, privileges, immunities, powers, duties, and liabilities of the predecessor; or (B) the assets and other business interests of a division, plant, or other business unit of such predecessor, but only if in such transfer the value of the transferred realty, personalty, and intangibles (other than drawback rights, inchoate or otherwise) exceeds the value of all transferred drawback rights, inchoate or otherwise.
“formula” applies in that section
the terms “bill of materials” and “formula” mean records kept in the normal course of business that identify each component incorporated into a manufactured or produced article or that identify the quantity of each element, material, chemical, mixture, or other substance incorporated into a manufactured article.
“good subject to Chile FTA drawback” applies in that section
the term “good subject to Chile FTA drawback” has the meaning given that term in section 203(a) of the United States-Chile Free Trade Agreement Implementation Act. (2) For purposes of subsections (a), (b), (f), (h), (p), and (q), if an article that is exported to a USMCA country is a good subject to USMCA drawback, no customs duties on the good may be refunded, waived, or reduced in an amount that exceeds the lesser of— (A) the total amount of customs duties paid or owed on the good on importation into the United States, or (B) the total amount of customs duties paid on the good to the USMCA country.
“good subject to USMCA drawback” applies in that section
the term “good subject to USMCA drawback” has the meaning given that term in section 4534(a) of this title ; (C) a refund, waiver, or reduction of duty under paragraph (2) of this subsection or paragraph (1) of subsection ( o ) is subject to section 4534(e) of this title ; and;
“HTS” applies in that section
The term “HTS” means the Harmonized Tariff Schedule of the United States. (3) Indirectly
“indirectly” applies in that section
The term “indirectly” means a transfer of merchandise or an article from one person to another person with one or more intermediate transfers.
“major disaster” applies in that section
the term “major disaster” has the meaning given that term in section 5122(2) of title 42 . (4) All drawback claims filed on and after the date that is 2 years after February 24, 2016 , shall be filed electronically. (s) Designation of merchandise by successor (1) For purposes of subsection (b), a drawback successor may designate imported merchandise used by the predecessor before the date of succession as the basis for drawback on articles manufactured by the drawback successor after the date of succession.
“qualified article” applies in that section
The term “qualified article” means an article— (i) described in— (I) headings 2707, 2708, 2709.00, 2710, 2711, 2712, 2713, 2714, 2715, 2901, and 2902, and subheadings 2903.21.00, 2909.19.14, 2917.36, 2917.39.04, 2917.39.15, 2926.10.00, 3811.21.00, and 3811.90.00 of the HTS, or (II) headings 3901 through 3914 of such Schedule (as such headings apply to the primary forms provided under Note 6 to chapter 39 of the HTS), and (ii) which is— (I) manufactured or produced as described in subsection (a) or (b) from crude petroleum or a petroleum derivative, (II) imported duty-paid, or (III) an article of the same kind and quality as described in subparagraph (B), or any combination thereof, that is …
“Schedule B” applies in that section
the term “Schedule B” means the Department of Commerce Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States. (k) Liability for drawback claims (1) In general Any person making a claim for drawback under this section shall be liable for the full amount of the drawback claimed.
“sought chemical element” applies in that section
the term “sought chemical element” means an element listed in the Periodic Table of Elements that is imported into the United States or a chemical compound consisting of those elements, either separately in elemental form or contained in source material.
“USMCA” applies in that section
the terms “USMCA” and “USMCA country” have the meanings given those terms in section 4502 of this title . (B) Beginning on January 1, 2015 , the exportation to Chile of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs (1) through (5) of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act, shall not constitute an exportation for purposes of paragraph (2).
“USMCA country” applies in that section
the terms “USMCA” and “USMCA country” have the meanings given those terms in section 4502 of this title . (B) Beginning on January 1, 2015 , the exportation to Chile of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs (1) through (5) of section 203(a) of the United States-Chile Free Trade Agreement Implementation Act, shall not constitute an exportation for purposes of paragraph (2).
“article” applies in that section
The term “article” includes any commodity, whether grown, produced, fabricated, manipulated, or manufactured;
“import cost” applies in that section
The term “import cost” means the transaction value of the imported merchandise determined in accordance with section 1401a(b) of this title plus, when not included in the transaction value, all necessary expenses, exclusive of customs duties, of bringing such merchandise to the United States.
“domestic article” applies in that section
The term “domestic article” means an article wholly or in part the growth or product of the United States; and
“foreign article” applies in that section
the term “foreign article” means an article wholly or in part the growth or product of a foreign country.;
“foreign country” applies in that section
The term “foreign country” means any empire, country, dominion, colony, or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions). (4) The term “cost of production”, when applied with respect to either a domestic article or a foreign article, includes, for a period which is representative of conditions in production of the article: (A) The price or cost of materials, labor costs, and other direct charges incurred in the production of the article and in the processes or methods employed in its production; (B) the usual general expenses, including charges for depreciation or depletion which are representative of the equipment and property …
“United States” applies in that section
The term “United States” includes the several States and Territories and the District of Columbia.;
“United States” applies in that section
the term “United States” means the customs territory of the United States as defined in general note 2 of the Harmonized Tariff Schedule of the United States. (n) Disclosure of confidential information (1) Information submitted to the Commission or exchanged among the parties in connection with proceedings under this section which is properly designated as confidential pursuant to Commission rules may not be disclosed (except under a protective order issued under regulations of the Commission which authorizes limited disclosure of such information) to any person (other than a person described in paragraph (2)) without the consent of the person submitting it.
“foreign country” applies in that section
the term “foreign country” means any empire, country, dominion, colony or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions), within which separate tariff rates or separate regulations of commerce are enforced.
“eligible small business” applies in that section
The term “eligible small business” means any business concern which, in the agency’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an “eligible small business”, the agency may consult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern.
“trade laws” applies in that section
The term “trade laws” means— (A) chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq., relating to injury caused by import competition); (B) chapters 2 and 3 of such title II [ 19 U.S.C. 2271 et seq., 2341 et seq.] (relating to adjustment assistance for workers and firms); (C) chapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C.
“person” applies in that section
the term “person” includes an individual, corporation, association, partnership, or any other organization or group of individuals.
“duties and other import restrictions” applies in that section
the term “duties and other import restrictions” includes (A) rate and form of import duties and classification of articles, and (B) limitations, prohibitions, charges, and exactions other than duties, imposed on importation or imposed for the regulation of imports.
“coffee” applies in that section
the term “coffee” means coffee as defined in article 3 of the International Coffee Agreement, 1983.
“controlled substance” applies in that section
The term “controlled substance” has the meaning given that term in section 802(6) of title 21 . For purposes of this chapter, a controlled substance shall be treated as merchandise the importation of which into the United States is prohibited, unless the importation is authorized under— (1) an appropriate license or permit; or (2) the Controlled Substances Import and Export Act [ 21 U.S.C. 951 et seq.]. (n) Electronic transmission
“customs officer” applies in that section
The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service. (j) Customs waters
“customs waters” applies in that section
The term “customs waters” means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States. (k) Hovering vessel
“electronic data interchange system” applies throughout its chapter
The term “electronic data interchange system” means any established mechanism approved by the Commissioner of U.S. Customs and Border Protection through which information can be transferred electronically. (q) National Customs Automation Program
“electronic entry” applies throughout its chapter
The term “electronic entry” means the electronic transmission to the Customs Service of— (1) entry information required for the entry of merchandise, and (2) entry summary information required for the classification and appraisement of the merchandise, the verification of statistical information, and the determination of compliance with applicable law. (p) Electronic data interchange system
“electronic transmission” applies throughout its chapter
The term “electronic transmission” means the transfer of data or information through an authorized electronic data interchange system consisting of, but not limited to, computer modems and computer networks. (o) Electronic entry
“hovering vessel” applies in that section
The term “hovering vessel” means— (1) any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws of the United States; and (2) any vessel which has visited a vessel described in paragraph (1). (l) Secretary
“National Customs Automation Program” applies throughout its chapter
The term “National Customs Automation Program” means the program established under section 1411 of this title . (r) Import activity summary statement The term “import activity summary statement” refers to data or information transmitted electronically to the Customs Service, in accordance with such regulations as the Secretary prescribes, at the end of a specified period of time which enables the Customs Service to assess properly the duties, taxes and fees on merchandise imported during that period, collect accurate statistics and determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met. (s) Reconciliation
“officer of the customs” applies in that section
The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service. (j) Customs waters
“reconciliation” applies throughout its chapter
The term “reconciliation” means an electronic process, initiated at the request of an importer, under which the elements of an entry (other than those elements related to the admissibility of the merchandise) that are undetermined at the time the importer files or transmits the documentation or information required by section 1484(a)(1)(B) of this title , or the import activity summary statement, are provided to the Customs Service at a later time. A reconciliation is treated as an entry for purposes of liquidation, reliquidation, recordkeeping, and protest. (t) Reconfigured entry
“reconfigured entry” applies throughout its chapter
The term “reconfigured entry” means an entry filed on an import activity summary statement which substitutes for all or part of 1 or more entries filed under section 1484(a)(1)(A) of this title or filed on a reconciliation entry that aggregates the entry elements to be reconciled under section 1484(b) of this title for purposes of liquidation, reliquidation, or protest.
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury or his delegate. (m) Controlled substance
“United States” applies in that section
The term “United States” includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. (i) Officer of the customs; customs officer
“assist” applies in that section
The term “assist” means any of the following if supplied directly or indirectly, and free of charge or at reduced cost, by the buyer of imported merchandise for use in connection with the production or the sale for export to the United States of the merchandise: (i) Materials, components, parts, and similar items incorporated in the imported merchandise. (ii) Tools, dies, molds, and similar items used in the production of the imported merchandise. (iii) Merchandise consumed in the production of the imported merchandise.
“identical merchandise” applies in that section
The term “identical merchandise” means— (A) merchandise that is identical in all respects to, and was produced in the same country and by the same person as, the merchandise being appraised; or (B) if merchandise meeting the requirements under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B)(i), regardless of whether merchandise meeting such requirements can be found), merchandise that is identical in all respects to, and was produced in the same country as, but not produced by the same person as, the merchandise being appraised.
“merchandise concerned” applies in that section
the term “merchandise concerned” means the merchandise being appraised, identical merchandise, or similar merchandise. (2) (A) The deductive value of the merchandise being appraised is whichever of the following prices (as adjusted under paragraph (3)) is appropriate depending upon when and in what condition the merchandise concerned is sold in the United States: (i) If the merchandise concerned is sold in the condition as imported at or about the date of importation of the merchandise being appraised, the price is the unit price at which the merchandise concerned is sold in the greatest aggregate quantity at or about such date.
“packing costs” applies in that section
The term “packing costs” means the cost of all containers and coverings of whatever nature and of packing, whether for labor or materials, used in placing merchandise in condition, packed ready for shipment to the United States.;
“price actually paid or payable” applies in that section
The term “price actually paid or payable” means the total payment (whether direct or indirect, and exclusive of 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 in the United States) made, or to be made, for imported merchandise by the buyer to, or for the benefit of, the seller.
“similar merchandise” applies in that section
The term “similar merchandise” means— (A) merchandise that— (i) was produced in the same country and by the same person as the merchandise being appraised, (ii) is like the merchandise being appraised in characteristics and component material, and (iii) is commercially interchangeable with the merchandise being appraised; or (B) if merchandise meeting the requirements under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B)(i), regardless of whether merchandise meeting such requirements can be found), merchandise that— (i) was produced in the same country as, but not produced by the same person as, the merchandise being appraised, and (ii) meets the …
“Commercial Operations Advisory Committee” applies in that section
The term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 4316 of this title or any successor committee.
“Committees” applies in that section
the term “Committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
“designated location” applies in that section
The term “designated location” means a customs office located in the customs district designated by the entry filer for purposes of customs examination of the merchandise.;
“Program participant” applies in that section
The term “Program participant” means, with respect to an entry of merchandise, any party entitled to make the entry under section 1484(a)(2)(B) of this title .
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (I) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and (II) the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Treasury. If, at the time the regulations required by subsection (a)(1) are promulgated, the Customs Service is no longer located in the Department of the Treasury, then the Secretary of the Treasury shall exercise the authority under subsection (a) jointly with the Secretary of the Department in which the Customs Service is located.
“letters and documents” applies in that section
the term “letters and documents” means— (i) data described in General Headnote 4(c) of the Harmonized Tariff Schedule of the United States, (ii) securities and similar evidences of value described in heading 4907 of such Schedule, but not monetary instruments defined pursuant to chapter 53 of title 31, and (iii) personal correspondence, whether on paper, cards, photographs, tapes, or other media.
“appropriate congressional committees” applies in that section
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, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
“ferry” applies in that section
the term “ferry” shall mean a passenger service operated with the use of vessels which arrive in the United States on regular schedules at intervals of at least once each hour during any period in which customs service is to be furnished without reimbursement as above provided.
“large yacht” applies in that section
the term “large yacht” means a vessel that exceeds 79 feet in length, is used primarily for recreation or pleasure, and has been previously sold by a manufacturer or dealer to a retail consumer. (c) Deferral of duty At the time of importation of any large yacht, if such large yacht is imported for sale at a boat show in the United States and is otherwise dutiable, duties shall not be assessed and collected if the importer of record— (1) certifies to the Customs Service that the large yacht is imported pursuant to this section for sale at a boat show in the United States; and (2) posts a bond, which shall have a duration of 6 months after the date of importation, in an amount equal to twice …
“baggage and effects” applies in that section
the term “baggage and effects” means any article which was in the possession of the individual while abroad and is being imported in connection with his or her arrival and is intended for his or her bona fide personal or household use. Such term does not include any article imported as an accommodation to others or for sale or other commercial use.
“CAFTA–DR certification of origin” applies in that section
The term “CAFTA–DR certification of origin” means the certification established under article 4.16 of the Dominican Republic-Central America-United States Free Trade Agreement that a good qualifies as an originating good under such Agreement. (2) Exports to CAFTA–DR countries Any person who completes and issues a CAFTA–DR certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
“Chile FTA Certificate of Origin” applies in that section
The term “Chile FTA Certificate of Origin” means the certification, established under article 4.13 of the United States-Chile Free Trade Agreement, that a good qualifies as an originating good under such Agreement. (2) Exports to Chile Any person who completes and issues a Chile FTA Certificate of Origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the Certificate or copies thereof).
“CTPA certification of origin” applies in that section
The term “CTPA certification of origin” means the certification established under article 4.15 of the United States–Colombia Trade Promotion Agreement that a good qualifies as an originating good under such Agreement. (2) Exports to Colombia Any person who completes and issues a CTPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
“KFTA certification of origin” applies in that section
The term “KFTA certification of origin” means the certification established under article 6.15 of the United States–Korea Free Trade Agreement that a good qualifies as an originating good under such Agreement. (2) Exports to Korea Any person who completes and issues a KFTA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
“Panama TPA certification of origin” applies in that section
The term “Panama TPA certification of origin” means the certification established under article 4.15 of the United States–Panama Trade Promotion Agreement that a good qualifies as an originating good under such Agreement. (2) Exports to Panama Any person who completes and issues a Panama TPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
“PTPA certification of origin” applies in that section
The term “PTPA certification of origin” means the certification established under article 4.15 of the United States-Peru Trade Promotion Agreement that a good qualifies as an originating good under such Agreement. (2) Exports to Peru Any person who completes and issues a PTPA certification of origin for a good exported from the United States shall make, keep, and, pursuant to rules and regulations promulgated by the Secretary of the Treasury, render for examination and inspection all records and supporting documents related to the origin of the good (including the certification or copies thereof).
“records and supporting documents” applies in that section
The term “records and supporting documents” means, with respect to an exported good under paragraph (2), records and documents related to the origin of the good, including— (i) the purchase, cost, and value of, and payment for, the good; (ii) if applicable, the purchase, cost, and value of, and payment for, all materials, including recovered goods, used in the production of the good; and (iii) if applicable, the production of the good in the form in which it was exported. (B) Chile FTA Certificate of Origin
“USMCA” applies in that section
The terms “USMCA” and “USMCA country” have the meanings given those terms in section 4502 of this title . (B) USMCA certification of origin
“USMCA certification of origin” applies in that section
The term “USMCA certification of origin” means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA. (2) Exports to USMCA countries Any person who completes a USMCA certification of origin or provides a written representation for a good exported from the United States to a USMCA country shall make, keep, and, pursuant to rules and regulations prescribed by the Secretary of the Treasury, render for examination and inspection, all records and supporting documents related to the origin of the good (including the certification or copies thereof), including records related to— (A) the purchase, cost, value, and shipping of, …
“USMCA country” applies in that section
The terms “USMCA” and “USMCA country” have the meanings given those terms in section 4502 of this title . (B) USMCA certification of origin
“information” applies in that section
the term “information” means any record, statement, declaration, document, or electronically stored or transmitted information or data referred to in subsection (a)(1)(A). (2) Effects of failure to comply with demand Except as provided in paragraph (4), if a person fails to comply with a lawful demand for information under subsection (a)(1)(A) the following provisions apply: (A) If the failure to comply is a result of the willful failure of the person to maintain, store, or retrieve the demanded information, such person shall be subject to a penalty, for each release of merchandise, not to exceed $100,000, or an amount equal to 75 percent of the appraised value of the merchandise, whichever …
“records” applies in that section
The term “records” includes those— (i) required to be kept under section 1508 of this title ; or (ii) regarding which there is probable cause to believe that they pertain to merchandise the importation of which into the United States is prohibited.;
“summons” applies in that section
The term “summons” means any summons issued under subsection (a) of this section which requires the production of records or the giving of testimony relating to records. Such term does not mean any summons issued to aid in the collection of the liability of any person against whom an assessment has been made or judgment rendered.;
“third-party recordkeeper” applies in that section
The term “third-party recordkeeper” means— (i) any customhouse broker, unless such customhouse broker is the importer of record on an entry; (ii) any attorney; and (iii) any accountant. (2) If— (A) any summons is served on any person who is a third-party recordkeeper; and (B) the summons requires the production of, or the giving of testimony relating to, any portion of records made or kept of the transactions described in section 1508 of this title of any person (other than the person summoned) who is identified in the description of the records contained in such summons; then notice of such summons shall be given to any persons so identified within a reasonable time before the day fixed in …
“interested party” applies in that section
the term “interested party” means a person who is— (A) a manufacturer, producer, or wholesaler in the United States; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States; or (C) a trade or business association a majority of whose members are manufacturers, producers, or wholesalers in the United States, of goods of the same class or kind as the designated imported merchandise. Such term includes an association, a majority of whose members is composed of persons described in subparagraph (A), (B), or (C).
“administering authority” applies in that section
The term “administering authority” means the administering authority described in section 1677(1) of this title . (2) Commission
“Agreement” applies in that section
The term “Agreement” means the United States-Canada Free-Trade Agreement. (6) United States Secretary
“Commission” applies in that section
The term “Commission” means the United States International Trade Commission. (3) Interested party
“determination” applies in that section
the term “determination” means a determination described in— (A) paragraph (1)(B) of subsection (a), or (B) clause (i), (ii), (iii), (vi), or (vii) of paragraph (2)(B) of subsection (a), if made in connection with a proceeding regarding a class or kind of free trade area country merchandise, as determined by the administering authority.
“free trade area country” applies in that section
The term “free trade area country” means the following: (A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada. (B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico. (C) Canada for such time as— (i) it is not a free trade area country under subparagraph (A); and (ii) the Agreement is in force with respect to, and the United States applies the Agreement to, Canada. (10) USMCA
“interested party” applies in that section
The term “interested party” means any person described in section 1677(9) of this title . (4) Secretary
“relevant FTA country” applies in that section
The term “relevant FTA country” means the free trade area country to which an antidumping or countervailing duty proceeding pertains. (9) Free trade area country
“relevant FTA Secretary” applies in that section
The term “relevant FTA Secretary” means the Secretary— (A) referred to in article 10.16 of the USMCA, or (B) provided for in paragraph 5 of article 1909 of the Agreement, of the relevant FTA country. (8) Relevant FTA country
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (5) Agreement
“United States Secretary” applies in that section
The term “United States Secretary” means— (A) the secretary for the United States Section referred to in article 10.16 of the USMCA, and (B) the secretary of the United States Section provided for in article 1909 of the Agreement. (7) Relevant FTA Secretary
“USMCA” applies in that section
The term “USMCA” has the meaning given that term in section 4502 of this title . (g) Review of countervailing duty and antidumping duty determinations involving free trade area country merchandise (1) “Determination” defined For purposes of this subsection,
“administering authority” applies in that section
The term “administering authority” has the meaning given that term in section 1677(1) of this title . (2) Commissioner
“Commissioner” applies in that section
The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection. (3) Covered merchandise
“covered merchandise” applies in that section
The term “covered merchandise” means merchandise that is subject to— (A) an antidumping duty order issued under section 1673e of this title ; or (B) a countervailing duty order issued under section 1671e of this title . (4) Enter; entry The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise into the customs territory of the United States.
“domestic like product” applies in that section
the term “domestic like product” means a product that is like, or in the absence of like, most similar in characteristics and uses with, covered merchandise. (b) Investigations (1) In general Not later than 15 business days after receiving an allegation described in paragraph (2) or a referral described in paragraph (3), the Commissioner shall initiate an investigation if the Commissioner determines that the information provided in the allegation or the referral, as the case may be, reasonably suggests that covered merchandise has been entered into the customs territory of the United States through evasion.
“eligible small business” applies in that section
the term “eligible small business” means any business concern that the Commissioner determines, due to its small size, has neither adequate internal resources nor the financial ability to obtain qualified outside assistance in preparing and filing allegations described in paragraph (2). (ii) Non-reviewability The determination of the Commissioner regarding whether a business concern is an eligible small business for purposes of this paragraph is not reviewable by any other agency or by any court.
“interested party” applies in that section
The term “interested party” means— (i) a foreign manufacturer, producer, or exporter, or the United States importer, of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise; (ii) a manufacturer, producer, or wholesaler in the United States of a domestic like product; (iii) a certified union or recognized union or group of workers that is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product; (iv) a trade or business association a majority of the members of which manufacture, produce, or wholesale a domestic like product …
“Commissioner” applies in that section
the term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
“airport store” applies in that section
The term “airport store” means a duty-free sales enterprise which delivers merchandise to, or on behalf of, individuals departing from the customs territory from an international airport located within the customs territory.;
“border store” applies in that section
The term “border store” means a duty-free sales enterprise which delivers merchandise to, or on behalf of, individuals departing from the customs territory through a land or water border by a means of conveyance other than an aircraft.;
“cart” applies in that section
the term “cart” means a portable container holding international travel merchandise on an aircraft for exportation. (2) Bonded warehouse for international travel merchandise The Secretary shall by regulation establish a separate class of bonded warehouse for the storage and manipulation of international travel merchandise pending its placement on board aircraft departing for foreign destinations.
“customs territory” applies in that section
The term “customs territory” means the customs territory of the United States and foreign trade zones.;
“duty-free merchandise” applies in that section
The term “duty-free merchandise” means merchandise sold by a duty-free sales enterprise on which neither Federal duty nor Federal tax has been assessed pending exportation from the customs territory.;
“duty-free sales enterprise” applies in that section
The term “duty-free sales enterprise” means a person that sells, for use outside the customs territory, duty-free merchandise that is delivered from a bonded warehouse to an airport or other exit point for exportation by, or on behalf of, individuals departing from the customs territory.;
“exit point” applies in that section
The term “exit point” means the area in close proximity to an actual exit for departing from the customs territory, including the gate holding area in the case of an airport, but only if there is reasonable assurance that duty-free merchandise delivered in the gate holding area will be exported from the customs territory.;
“international travel merchandise” applies in that section
the term “international travel merchandise” means duty-free or domestic merchandise which is placed on board aircraft on international flights for sale to passengers, but which is not merchandise incidental to the operation of a duty-free sales enterprise; (B) the term “staging area” is an area controlled by the proprietor of a bonded warehouse outside of the physical parameters of the bonded warehouse in which manipulation of international travel merchandise in carts occurs;
“manipulation” applies in that section
the term “manipulation” means the repackaging, cleaning, sorting, or removal from or placement on carts of international travel merchandise; and;
“personal use quantities” applies in that section
The term “personal use quantities” means quantities that are only suitable for uses other than resale, and includes reasonable quantities for household or family consumption as well as for gifts to others. (c) International travel merchandise (1) Definitions For purposes of this section—;
“clerical error” applies in that section
the term “clerical error” means a nonnegligent, inadvertent, or typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest. (2) If any of such merchandise so found consists of heroin, morphine, cocaine, isonipecaine, or opiate, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for heroin, morphine, cocaine, isonipecaine, or opiate being in such merchandise shall be liable to a penalty of $1,000 for each ounce thereof so found.
“aircraft” applies in that section
the term “aircraft”— (1) has the meaning given that term in section 40102 of title 49 ; and (2) includes a vehicle described in section 103.1 of title 14, Code of Federal Regulations. (h) Intent of transfer of merchandise For purposes of imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of merchandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully, and …
“merchandise” applies in that section
the term “merchandise” means only merchandise the importation of which into the United States is prohibited or restricted. (g) Definition of aircraft In this section,
“country” applies in that section
the term “country” means a foreign country or territory, including any overseas dependent territory or possession of a foreign country.
“owner or operator” applies in that section
The term “owner or operator” includes— (A) a lessee or person operating a conveyance under a rental agreement or charter party; and (B) the officers and directors of a corporation; (C) station managers and similar supervisory ground personnel employed by airlines; (D) one or more partners of a partnership; (E) representatives of the owner or operator in charge of the passenger or cargo operations at a particular location; and (F) and other persons with similar responsibilities.
“aircraft” applies in that section
the term “aircraft” has the meaning given it in section 40102(a)(6) of title 49 ; (3) the term “used” refers to any self-propelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser; and;
“self-propelled vehicle” applies in that section
the term “self-propelled vehicle” includes any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agricultural machinery, self-propelled construction equipment, self-propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail;
“ultimate purchaser” applies in that section
the term “ultimate purchaser” means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a self-propelled vehicle for purposes other than resale. (d) Cooperation of law enforcement and governmental authorities Customs officers may cooperate and exchange information concerning motor vehicles, off-highway mobile equipment, vessels, or aircraft, either before exportation or after exportation or importation, with such Federal, State, local, and foreign law enforcement or governmental authorities, and with such organizations engaged in theft prevention activities, as may be designated by the Secretary.
“Commissioner” applies in that section
the term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
“GATT 1994” applies in that section
The term “GATT 1994” means the General Agreement on Tariff and Trade annexed to the WTO Agreement. (3) Customs The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO.
“customs broker” applies in that section
The term “customs broker” means any person granted a customs broker’s license by the Secretary under subsection (b).;
“customs business” applies in that section
The term “customs business” means those activities involving transactions with U.S. Customs and Border Protection concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with U.S.
“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 . (B) Nonresident importer
“nonresident importer” applies in that section
The term “nonresident importer” means an importer who is— (i) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or (ii) 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.
“Secretary” applies in that section
The term “Secretary” means the Secretary of the Treasury. (b) Customs broker’s licenses (1) In general No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker’s license issued by the Secretary under paragraph (2) or (3). (2) Licenses for individuals The Secretary may grant an individual a customs broker’s license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business.
“customs laws administered by the Secretary of the Treasury” applies in that section
the term “customs laws administered by the Secretary of the Treasury” shall mean this chapter and any other provisions of law classified to this title.
“Subsidies Agreement country” applies in that section
the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement in effect between the United States and that country which— (i) was in force on December 8, 1994 , and (ii) requires unconditional most-favored-nation treatment with respect to articles imported into the United States, and (B) the agreement described in subparagraph (A) does not expressly permit— (i) actions required or permitted by the …
“domestic producers or workers” applies in that section
the term “domestic producers or workers” means those interested parties who are eligible to file a petition under subsection (b)(1). (d) Notification to Commission of determination The administering authority shall— (1) notify the Commission immediately of any determination it makes under subsection (a) or (c) of this section, and (2) if the determination is affirmative, make available to the Commission such information as it may have relating to the matter under investigation, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to …