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19 U.S.C. § 4531 — Administration of dispute settlement proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(a) United States Section of Secretariat**
(1) **Establishment or designation of office** — The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.
(2) **Functions and administrative assistance** — The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),11 See References in Text note below. shall—
(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(ii) technical advisers and experts provided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(iv) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(3) **Treatment of office under Freedom of Information Act** — The office established or designated under paragraph (1) shall not be considered an agency for purposes of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(b) Authorization of appropriations** There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—
(1) the operations of the
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Source file: Laws/federal/codes/united-states-code/title-19/section-4531-administration-of-dispute-settlement-proceedings--e9bcea4824.md
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Source location: Title 19, Chapter 29, § 4531; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(a) United States Section of Secretariat**
(1) **Establishment or designation of office** — The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.
(2) **Functions and administrative assistance** — The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),11 See References in Text note below. shall—
(A) carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(ii) technical advisers and experts provided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(iv) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
(3) **Treatment of office under Freedom of Information Act** — The office established or designated under paragraph (1) shall not be considered an agency for purposes of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(b) Authorization of appropriations** There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—
(1) the operations of the office established or designated under subsection (a)(1); and
(2) the payment of the United States share of the expenses of—
(A) panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);
(B) binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and
(C) binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).
**(c) Reimbursement of certain expenses** If the Canadian Section or the Mexican Section of the Secretariat provides funds to the United States Section during any fiscal year as reimbursement for expenses in connection with dispute settlement proceedings under section D of chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, the United States Section may, notwithstanding [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), retain and use such funds to carry out the functions described in subsection (a)(2).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without—
(1) lending the money;
(2) using the money;
(3) depositing the money in a bank; and
(4) exchanging the money for other amounts.
**(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim.
**(c)**
(1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian.
(2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).
**(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Finality of decisions; return of papers** Except as provided in subsection (b) of this section, [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1501&num=0&edition=prelim) (relating to voluntary reliquidations), [section 1516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516&num=0&edition=prelim) (relating to petitions by domestic interested parties), [section 1520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1520&num=0&edition=prelim) (relating to refunds), and [section 6501 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6501&num=0&edition=prelim) (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to—
(1) the appraised value of merchandise;
(2) the classification and rate and amount of duties chargeable;
(3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury;
(4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim);
(5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cases in which refunds authorized** The Secretary of the Treasury is authorized to refund duties or other receipts in the following cases:
(1) **Excess deposits.—** — Whenever it is ascertained on liquidation or reliquidation of an entry or reconciliation that more money has been deposited or paid as duties than was required by law to be so deposited or paid.
(2) **Fees, charges, and exactions.—** — Whenever it is determined in the manner required by law that any fees, charges, or exactions, other than duties and taxes, have been erroneously or excessively collected.
(3) **Fines, penalties, and forfeitures.—** — Whenever money has been deposited in the Treasury on account of a fine, penalty, or forfeiture which did not accrue, or which is finally determined to have accrued in an amount less than that so deposited, or which is mitigated to an amount less than that so deposited or is remitted.
(4) **Prior to liquidation.—** — Prior to the liquidation of an entry or reconciliation, whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid.
**(b) Authorization of appropriations** The necessary moneys to make such refunds are authorized to be appropriated annually from the general fund of the Treasury.
**(c) Repealed. Pub. L. 108–429, title II, § 2105, Dec. 3, 2004, 118 Stat. 2598**
**(d) Goods qualifying under free trade agreement rules of origin** Notwithstanding the fact that a valid protest was not filed, the Customs Service may, in accordance with regulations prescribed by the Secretary, reliquidate an entry to refund any excess duties (including any merchandise processing fees) paid on a good qualifying under the rules of origin set out in section 202 of the United States-Chile
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition**
(1) **General rule** — Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence—
(A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of—
(i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, or
(ii) any omission which is material, or
(B) may aid or abet any other person to violate subparagraph (A).
(2) **Exception** — Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.
**(b) Procedures**
(1) **Pre-penalty notice**
(A) *In general* — If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall—
(i) describe the merchandise;
(ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction;
(iii) specify all laws and regulations allegedly violated;
(iv) disclose all the material facts which establish the alleged violation;
(v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence;
(vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of trigger levels** Consistent with Article 5 as determined by the President, the President shall cause to be published in the Federal Register—
(1) the list of special safeguard agricultural goods not later than the date of entry into force of the WTO Agreement with respect to the United States; and
(2) for each special safeguard agricultural good—
(A) the trigger level specified in subparagraph 1(a) of Article 5, on an annual basis;
(B) the trigger price specified in subparagraph 1(b) of Article 5; and
(C) the relevant period.
**(b) Determination of safeguard** If the President determines with respect to a special safeguard agricultural good that it is appropriate to impose—
(1) the price-based safeguard in accordance with subparagraph 1(b) of Article 5; or
(2) the volume-based safeguard in accordance with subparagraph 1(a) of Article 5,
the President shall, consistent with Article 5 as determined by the President, determine the amount of the duty to be imposed, the period such duty shall be in effect, and any other terms and conditions applicable to the duty.
**(c) Imposition of safeguard** The President shall direct the Secretary of the Treasury to impose a duty on a special safeguard agricultural good entered, or withdrawn from warehouse, for consumption in the United States in accordance with a determination made under subsection (b).
**(d) No simultaneous safeguard** A duty may not be in effect for a special safeguard agricultural good pursuant to this section during any period in which such good is the subject of any action proclaimed pursuant to section 2252 or 2253 of this title.
**(e) Exclusion of originating goods of USMCA countries**
(1) **In general** — The President shall exempt from any duty imposed under this sectio
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementing actions**
(1) **Proclamation authority** — After January 29, 2020—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may prescribe such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the USMCA enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the USMCA enters into force.
(2) **Effective date of certain proclaimed actions** — Any action proclaimed by the President under the authority of this Act that is not subject to the consultation and layover provisions under [section 4514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4514&num=0&edition=prelim) may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) **Waiver of 15-day restriction** — The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the USMCA enters into force of any action proclaimed under this section.
**(b) Initial regulations**
(1) **In general** — Except as provided by paragraph (2) or (3), initial regulations necessary or appropriate to carry out the actions required by or authorized under this Act or proposed in the statement of administrative action approved under [section 4511(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4511/a/2&num=0&edition=prelim) to implement the USMCA shall, to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Verification**
(1) **Origin verification**
(A) *In general* — The Secretary of the Treasury may, pursuant to article 5.9 of the USMCA, conduct a verification of whether a good is an originating good under section 4531 or 4532 of this title.
(B) *Additional requirements* — If the Secretary conducts a verification under subparagraph (A), the President may direct the Secretary—
(i) during the verification process, to release the good only upon payment of duties or provision of security; and
(ii) if the Secretary makes a negative determination under subsection (b), to take action under subsection (c).
(2) **Textile and apparel goods**
(A) *In general* — The Secretary of the Treasury may, pursuant to article 6.6 of the USMCA, conduct a verification described in subparagraph (C) with respect to a textile or apparel good.
(B) *Additional requirements* — If the Secretary conducts a verification under subparagraph (A) with respect to a textile or apparel good, the President may direct the Secretary—
(i) during the verification process, to take appropriate action described in subparagraph (D); and
(ii) if the Secretary makes a negative determination described in subsection (b), to take action under subsection (c).
(C) *Verification described* — A verification described in this subparagraph with respect to a textile or apparel good is—
(i) a verification of whether the good qualifies for preferential tariff treatment under the USMCA; or
(ii) a verification of whether customs offenses are occurring or have occurred with respect to the good.
(D) *Action during verification* — Appropriate action described in this subparagraph may consist of—
(i) release of the textile or apparel good that is the subject of a verification de
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Schedule of fees** In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of customs services in connection with the following:
(1) For the arrival of a commercial vessel of 100 net tons or more, $397.
(2) For the arrival of a commercial truck, $5.
(3) For the arrival of each railroad car carrying passengers or commercial freight, $7.50.
(4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25.
(5)
(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5.
(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75.
(6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under subsection (b)(9)(D)), $5.
(7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year.
(8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100.
(9)
(A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.21 11 See Rates for Merchandise Processing Fees notes below. percent ad valorem, unless adjusted under subparagraph (B).
(B)
(i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.21 1 percent nor less than 0.15 percent) an
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Federal law — U.S. Code and appendices · legal_authorities
Page 1129
TITLE 19—CUSTOMS DUTIES
§ 4531
1 See References in Text note below.
of the Secretariat established under article
30.6 of the USMCA.
(2) Functions and administrative assistance
The office established or designated under
paragraph (1), subject to the oversight of the
interagency group established under section
411(c)(2),1 shall—
(A) carry out its functions within the Sec-
retariat to facilitate the operation of the
USMCA, including the operation of section
D of chapter 10 and chapter 31 of the
USMCA; and
(B) provide administrative assistance to—
(i) panels established under chapter 31 of
the USMCA, including under Annex 31–A
(relating to the Facility-Specific Rapid
Response Labor Mechanism);
(ii) technical advisers and experts pro-
vided for under chapter 31 of the USMCA;
(iii) binational panels and extraordinary
challenge committees established under
section D of chapter 10 of the USMCA; and
(iv) binational panels and extraordinary
challenge committees established under
NAFTA for matters covered by article 34.1
of the USMCA (relating to transition from
NAFTA).
(3) Treatment of office under Freedom of Infor-
mation Act
The office established or designated under
paragraph (1) shall not be considered an agen-
cy for purposes of section 552 of title 5.
(b) Authorization of appropriations
There are authorized to be appropriated for
each fiscal year after fiscal year 2020 to the De-
partment of Commerce $2,000,000 for—
(1) the operations of the office established or
designated under subsection (a)(1); and
(2) the payment of the United States share of
the expenses of—
(A) panels established under chapter 31 of
the USMCA, including under Annex 31–A (re-
lating to the Facility-Specific Rapid Re-
sponse Labor Mechanism);
(B) binational p
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4531
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