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19 U.S.C. § 4373 — Application to Canada and Mexico
Federal law — U.S. Code and appendices · legal_authorities
Pursuant to article 10.10 of the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)) and [section 4588 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4588&num=0&edition=prelim), this subchapter and the amendments made by this title 11 See References in Text note below. shall apply with respect to goods from Canada and Mexico.
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Stable record: federal_law:legal_authorities:record_usc_0e14e7d7737492e0c46ac5b5
Source file: Laws/federal/codes/united-states-code/title-19/section-4373-application-to-canada-and-mexico--96bae80b4c.md
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Passage SHA-256: 203090d10da144313798ea9b10a3fb1dac6ed5a3e465cbc1d0b3e7280ccd3c6f
Source location: Title 19, Chapter 28, § 4373; chapter-028-trade-facilitation-and-trade-enforcement.md
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Pursuant to article 10.10 of the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)) and [section 4588 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4588&num=0&edition=prelim), this subchapter and the amendments made by this title 11 See References in Text note below. shall apply with respect to goods from Canada and Mexico.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).
**(b) Duties** The duties described in this subsection are the following:
(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.
(2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4502
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Federal law — U.S. Code and appendices · legal_authorities
In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4588
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress makes the following findings:
(1) Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.
**(b) Eligibility requirements**
(1) **In general** — The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—
(A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 11 See References in Text note below. of this title; and
(B) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)), that Nepal meets the eligibility requirements of such section 502.
(2) **Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation** — The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act ([19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.).
**(c) Eligible articles**
(1) **In general** — An article des
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 2571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2571&num=0&edition=prelim), for purposes of this subpart—
(1) **Approval procedure** — The term “approval procedure” means any registration, notification, or other mandatory administrative procedure for granting permission for a good or service to be produced, marketed, or used for a stated purpose or under stated conditions.
(2) **Conformity assessment procedure** — The term “conformity assessment procedure” means any procedure used, directly or indirectly, to determine that a technical regulation or standard is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, or approval used for such a purpose, but does not mean an approval procedure.
(3) **Objective** — The term “objective” includes—
(A) safety,
(B) protection of human, animal, or plant life or health, the environment or consumers, including matters relating to quality and identifiability of goods or services, and
(C) sustainable development,
but does not include the protection of domestic production.
(4) **Service** — The term “service” means a land transportation service or a telecommunications service.
(5) **Standard** — The term “standard” means—
(A) characteristics for a good or a service,
(B) characteristics, rules, or guidelines for—
(i) processes or production methods relating to such good, or
(ii) operating methods relating to such service, and
(C) provisions specifying terminology, symbols, packaging, marking, or labelling for—
(i) a good or its related process or production methods, or
(ii) a service or its related operating methods,
for
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2578b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1108
TITLE 19—CUSTOMS DUTIES
§ 4373
(b) Adverse inference
(1) Use of adverse inference
(A) In general
If the Secretary finds that a person de-
scribed in subparagraph (B) has failed to co-
operate by not acting to the best of the per-
son’s ability to comply with a request for in-
formation under subsection (a), the Sec-
retary may, in making a determination
whether an entry or entries of covered mer-
chandise may constitute merchandise that is
entered into the customs territory of the
United States through evasion, use an infer-
ence that is adverse to the interests of that
person in selecting from among the facts
otherwise available to determine whether
evasion has occurred.
(B) Person described
A person described in this subparagraph
is—
(i) a person who filed an allegation with
respect to covered merchandise;
(ii) a person alleged to have entered cov-
ered merchandise into the customs terri-
tory of the United States through evasion;
or
(iii) a foreign producer or exporter of
covered merchandise that is alleged to
have entered into the customs territory of
the United States through evasion.
(C) Application
An inference described in subparagraph (A)
may be used under that subparagraph with
respect to a person described in clause (ii) or
(iii) of subparagraph (B) without regard to
whether another person involved in the same
transaction or transactions under examina-
tion has provided the information sought by
the Secretary, such as import or export doc-
umentation.
(2) Adverse inference described
An adverse inference used under paragraph
(1)(A) may include reliance on information de-
rived from—
(A) the allegation of evasion of the trade
remedy laws, if any, submitted to U.S. Cus-
toms and Border Protection;
(B) a determination by
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4373
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.