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19 U.S.C. § 1339 — Trade Remedy Assistance Office

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1339 — Trade Remedy Assistance Office

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Source location: Title 19, Chapter 4, § 1339; chapter-004-tariff-act-of-1930.md

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**(a) Establishment; public information** There is established in the Commission a separate office to be known as the Trade Remedy Assistance Office which shall provide full information to the public upon request and shall, to the extent feasible, provide assistance and advice to interested parties concerning— (1) remedies and benefits available under the trade laws, and (2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits. **(b) Procedural assistance by Office and other agencies** The Trade Remedy Assistance Office, in coordination with each agency responsible for administering a trade law, shall provide technical and legal assistance and advice to eligible small businesses to enable them— (1) to prepare and file petitions and applications (other than those which, in the opinion of the Office, are frivolous); and (2) to seek to obtain the remedies and benefits available under the trade laws, including any administrative review or administrative appeal thereunder. **(c) Definitions** For purposes of this section— (1) 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. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not reviewable by any other agency or by any court. (2) The term “trade laws” means— (A) chapter 1 of title II of the Trade Act of 1974 ([19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq., relating to injury caused by import competition); (B) chapters 2 and 3 of such title II [[19 U.S.C. 2271](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) 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. 2411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) et seq., relating to relief from foreign import restrictions and export subsidies); (D) subtitle IV of this chapter (relating to the imposition of countervailing duties and antidumping duties); (E) [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1862&num=0&edition=prelim) (relating to the safeguarding of national security); and (F) [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim) (relating to unfair practices in import trade).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1862 — Safeguarding national security

**(a) Prohibition on decrease or elimination of duties or other import restrictions if such reduction or elimination would threaten to impair national security** No action shall be taken pursuant to [section 1821(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821/a&num=0&edition=prelim) or pursuant to [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim) to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the national security. **(b) Investigations by Secretary of Commerce to determine effects on national security of imports of articles; consultation with Secretary of Defense and other officials; hearings; assessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations** (1) (A) Upon request of the head of any department or agency, upon application of an interested party, or upon his own motion, the Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall immediately initiate an appropriate investigation to determine the effects on the national security of imports of the article which is the subject of such request, application, or motion. (B) The Secretary shall immediately provide notice to the Secretary of Defense of any investigation initiated under this section. (2) (A) In the course of any investigation conducted under this subsection, the Secretary shall— (i) consult with the Secretary of Defense regarding the methodological and policy questions raised in any investigation initiated under paragraph (1), (ii) seek informatio

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19 U.S.C. § 2251 — Estimates of barriers to market access

**(a) National trade estimates** (1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall— (A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of— (i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and (iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon. (B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and (C) make an estimate, if feasible, of— (i) the value of additional goods and services of the United States, (ii) the value of additional foreign direct investment by United States persons, and (iii) the value of additional United States electronic commerce, that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1337 — Unfair practices in import trade

**(a) Unlawful activities; covered industries; definitions** (1) Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section: (A) Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is— (i) to destroy or substantially injure an industry in the United States; (ii) to prevent the establishment of such an industry; or (iii) to restrain or monopolize trade and commerce in the United States. (B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that— (i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent. (C) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.]. (D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, i

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19 U.S.C. § 2411 — Fraud and recovery of overpayments

**(a) In general** (1) **Repayment** — If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that— (A) the payment was made without fault on the part of such person; and (B) requiring such repayment would be contrary to equity and good conscience. (2) **Recovery of overpayment** — Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part. **(b) False statement** A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part— (1) if the Secretary, or a court of competent jurisdiction, determines that the person— (A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or (B) knowingly has failed, or caused another to fail, to disclose a material fact; and (2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled. **(c) Notice and determination** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determ

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19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2101 — Agricultural Disaster Relief Trust Fund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section. **(b) Transfer to Trust Fund** (1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States. (2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— (A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and (B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t

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26 U.S.C. § 401 — Qualified pension, profit-sharing, and stock bonus plans

**(a) Requirements for qualification** A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section— (1) if contributions are made to the trust by such employer, or employees, or both, or by another employer who is entitled to deduct his contributions under section 404(a)(3)(B) (relating to deduction for contributions to profit-sharing and stock bonus plans), or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(g)(1)), for the purpose of distributing to such employees or their beneficiaries the corpus and income of the fund accumulated by the trust in accordance with such plan; (2) if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees or their beneficiaries (but this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a), or the return of any withdrawal liability payment determined to be an overpayment within 6 months of such determination)); (3) if the plan of which such trust is a part satisfies the requireme

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19 U.S.C. § 1339 — Trade Remedy Assistance Office

Page 126 TITLE 19—CUSTOMS DUTIES § 1339 dustry in any foreign country by reason of any such imposition or discrimination imposed by any foreign country other than the foreign coun- try in which such industry is located, and when- ever the President shall determine that any new or additional rate or rates of duty or any prohi- bition hereinbefore provided for do not effec- tively remove such imposition or discrimination and that any benefits from any such imposition or discrimination accrue or are likely to accrue to any industry in any foreign country, he shall, when he finds that the public interest will be served thereby, by proclamation specify and de- clare such new or additional rate or rates of duty upon the articles wholly or in part the growth or product of any such industry as he shall determine will offset such benefits, not to exceed 50 per centum ad valorem or its equiva- lent, upon importation from any foreign country into the United States of such articles; and on and after thirty days after the date of any such proclamation such new or additional rate or rates of duty so specified and declared in such proclamation shall be levied, collected, and paid upon such articles. (f) Forfeiture of articles All articles imported contrary to the provi- sions of this section shall be forfeited to the United States and shall be liable to be seized, prosecuted, and condemned in like manner and under the same regulations, restrictions, and provisions as may from time to time be estab- lished for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Whenever the pro- visions of this chapter shall be applicable to im- portations into the United States of articles wholly or in part t

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19 U.S.C. § 2251 — Action to facilitate positive adjustment to

Page 559 TITLE 19—CUSTOMS DUTIES § 2251 an Effective Date note under former section 3461 of this title. CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114–125, title VI, § 610(b)(3), Feb. 24, 2016, 130 Stat. 192, provided that: ‘‘Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this sub- section shall be construed as limiting the authority of the President or the United States Trade Representa- tive to develop action plans other than action plans de- scribed in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.’’ USE OF TRADE ENFORCEMENT TRUST FUNDS TO FACILI- TATE COMPLIANCE WITH INTELLECTUAL PROPERTY PROTECTION BENCHMARKS BY DEVELOPING COUNTRIES Pub. L. 114–125, title VI, § 610(b)(2), Feb. 24, 2016, 130 Stat. 192, provided that: ‘‘(A) IN GENERAL.—Amounts from the Trade Enforce- ment Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropria- tions Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may in- clude capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual prop- erty rights in the developing country

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Petitions

Page 578 TITLE 19—CUSTOMS DUTIES § 2271 1 See References in Text note below. [‘‘(2) FARMERS.— [‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), assistance may not be provided under chapter 6 [part 6 of this subchapter] after February 12, 2012. [‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before February 12, 2012, may be provided— [‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and [‘‘(ii) to the extent the recipient of the assist- ance is otherwise eligible to receive such assist- ance.’’] [Amendment by section 1892(b) of Pub. L. 111–5 to sec- tion 285 of Pub. L. 93–618, set out above, shall take ef- fect upon the expiration of the 90-day period beginning on Feb. 17, 2009, except as otherwise provided, see sec- tion 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under sec- tion 2271 of this title.] [Amendment by Pub. L. 110–89 to section 285 of Pub. L. 93–618, set out above, effective Oct. 1, 2007, see sec- tion 1(e) of Pub. L. 110–89, set out as an Effective Date of 2007 Amendment note under section 2317 of this title.] [Amendment by Pub. L. 106–113 to section 285 of Pub. L. 93–618, set out above, effective as of July 1, 1999, see section 1000(a)(5) [title VII, § 702(e)] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 2317 of this title.] [Amendment by Pub. L. 103–182 to section 285 of Pub. L. 93–618, set out above, effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as an Effec- tive Date of 1993 Amendment note under section 2271 of

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