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19 U.S.C. § 2462 — Omitted
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Sections 2451 to 2451b were omitted pursuant to section 2451b(c), which provided that this part ceased to be effective 12 years after the date of entry into force of the Protocol of Accession of the People’s Republic of China to the World Trade Organization, which date was Dec. 11, 2001.
Section 2451, Pub. L. 93–618, title IV, § 421, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended Pub. L. 108–429, title II, § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592, related to action to address market disruption.
Section 2451a, Pub. L. 93–618, title IV, § 422, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended Pub. L. 108–429, title II, § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592, related to action in response to trade diversion.
Section 2451b, Pub. L. 93–618, title IV, § 423, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 890, related to regulations; termination of provision.
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Source file: Laws/federal/codes/united-states-code/title-19/section-2462-omitted--57b94a196b.md
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Source location: Title 19, Chapter 12, § 2462; chapter-012-trade-act-of-1974.md
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### Statutory Notes
#### Codification
Sections 2451 to 2451b were omitted pursuant to section 2451b(c), which provided that this part ceased to be effective 12 years after the date of entry into force of the Protocol of Accession of the People’s Republic of China to the World Trade Organization, which date was Dec. 11, 2001.
Section 2451, Pub. L. 93–618, title IV, § 421, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended Pub. L. 108–429, title II, § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592, related to action to address market disruption.
Section 2451a, Pub. L. 93–618, title IV, § 422, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended Pub. L. 108–429, title II, § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592, related to action in response to trade diversion.
Section 2451b, Pub. L. 93–618, title IV, § 423, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 890, related to regulations; termination of provision.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maximum aggregate reductions in rates of duty** Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2111&num=0&edition=prelim) shall not exceed the aggregate reduction which would have been in effect on such day if—
(1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to [section 2111(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2111/a/2&num=0&edition=prelim) to carry out such agreement with respect to such article, and
(2) a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.
This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.
**(b) Simplification of computation** If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by [section 2111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2111/b&num=0&edition=prelim) or subsection (a) of this section by not more than whichever of the following is lesser:
(1) the difference between the limitation and the next lower whole number, or
(2) one-half of 1 percent ad valorem.
**(c) Ten-year period for commencement of reductions in rates of duty**
(1) No reduct
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory action**
(1) If the United States Trade Representative determines under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim) that—
(A) the rights of the United States under any trade agreement are being denied; or
(B) an act, policy, or practice of a foreign country—
(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
(ii) is unjustifiable and burdens or restricts United States commerce;
the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
(2) The Trade Representative is not required to take action under paragraph (1) in any case in which—
(A) the Dispute Settlement Body (as defined in [section 3531(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3531/5&num=0&edition=prelim)) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that—
(i) the rights of the United States under a trade agreement are not being denied, or
(ii) the act, policy, or practice—
(I) is not
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to designate**
(1) **In general** — Notwithstanding any other provision of law, the President is authorized to designate a country listed in section 107 of the African Growth and Opportunity Act [[19 U.S.C. 3706](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3706&num=0&edition=prelim)] as a beneficiary sub-Saharan African country eligible for the benefits described in subsection (b)—
(A) if the President determines that the country meets the eligibility requirements set forth in section 104 of that Act [[19 U.S.C. 3703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3703&num=0&edition=prelim)], as such requirements are in effect on May 18, 2000; and
(B) subject to the authority granted to the President under subsections (a), (d), and (e) of [section 2462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim), if the country otherwise meets the eligibility criteria set forth in [section 2462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim).
(2) **Monitoring and review of certain countries** — The President shall monitor, review, and report to Congress annually on the progress of each country listed in section 107 of the African Growth and Opportunity Act in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of each country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the annual
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Initial applicable 1-year period** — The term “initial applicable 1-year period” means the 1-year period beginning on December 20, 2006.
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
(3) **Core labor standards** — The term “core labor standards” means—
(A) freedom of association;
(B) the effective recognition of the right to bargain collectively;
(C) the elimination of all forms of compulsory or forced labor;
(D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and
(E) the elimination of discrimination in respect of employment and occupation.
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States.
(5) **Imported directly from Haiti or the Dominican Republic** — Articles are “imported directly from Haiti or the Dominican Republic” if—
(A) the articles are shipped directly from Haiti or the Dominican Republic into the United States without passing through the territory of any intermediate country; or
(B) the articles are shipped from Haiti or the Dominican Republic into the United States through the territory of an intermediate country, and—
(i) the articles in the shipment do not enter into the commerce of any intermediate country, and the invoices, bills of lading, and other shipping documents specify the United States as the final destination; or
(ii) the invoices and other documents do not specify the United States as the final destination, but the articles in the shipment—
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Federal law — U.S. Code and appendices · legal_authorities
The President shall submit to the Congress, not later than 1 year after May 18, 2000, and annually thereafter through 2008, a comprehensive report on the trade and investment policy of the United States for sub-Saharan Africa, and on the implementation of this chapter and the amendments made by this chapter.
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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
**(a) SEED Program** The United States shall implement, beginning in fiscal year 1990, a concerted Program of Support for East European Democracy (which may also be referred to as the “SEED Program”). The SEED Program shall be comprised of diverse undertakings designed to provide cost-effective assistance to those countries of Eastern Europe that have taken substantive steps toward institutionalizing political democracy and economic pluralism.
**(b) Objectives of SEED assistance** The President should ensure that the assistance provided to East European countries pursuant to this chapter is designed—
(1) to contribute to the development of democratic institutions and political pluralism characterized by—
(A) the establishment of fully democratic and representative political systems based on free and fair elections,
(B) effective recognition of fundamental liberties and individual freedoms, including freedom of speech, religion, and association,
(C) termination of all laws and regulations which impede the operation of a free press and the formation of political parties,
(D) creation of an independent judiciary, and
(E) establishment of non-partisan military, security, and police forces;
(2) to promote the development of a free market economic system characterized by—
(A) privatization of economic entities,
(B) establishment of full rights to acquire and hold private property, including land and the benefits of contractual relations,
(C) simplification of regulatory controls regarding the establishment and operation of businesses,
(D) dismantlement of all wage and price controls,
(E) removal of trade restrictions, including on both imports and exports,
(F) liberalization of investment and capital, including the repatriation of profits b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authorization** The President is authorized to conduct activities for any East European country that are similar to any activity authorized by this chapter to be conducted in Poland or Hungary (excluding those authorized by [section 5412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section5412&num=0&edition=prelim) or the amendments made by sections 301 and 304) if such similar activities would effectively promote a transition to market-oriented democracy.
**(b) Administration of justice programs** In order to strengthen the administration of justice in East European countries, the President may exercise the same authorities with respect to those countries as are available under [section 2346c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346c&num=0&edition=prelim), subject to the limitations and requirements of that section, other than subsection (c) and the last two sentences of subsection (e).
**(c) “East European country” defined** For purposes of this chapter, the term “East European country” includes Albania, Bulgaria, the Czech and Slovak Federal Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and states that were part of the former Socialist Federal Republic of Yugoslavia.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Income not connected with United States business—30 percent tax**
(1) **Income other than capital gains** — Except as provided in subsection (h), there is hereby imposed for each taxable year a tax of 30 percent of the amount received from sources within the United States by a nonresident alien individual as—
(A) interest (other than original issue discount as defined in section 1273), dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, and other fixed or determinable annual or periodical gains, profits, and income,
(B) gains described in subsection (b) or (c) of section 631,
(C) in the case of—
(i) a sale or exchange of an original issue discount obligation, the amount of the original issue discount accruing while such obligation was held by the nonresident alien individual (to the extent such discount was not theretofore taken into account under clause (ii)), and
(ii) a payment on an original issue discount obligation, an amount equal to the original issue discount accruing while such obligation was held by the nonresident alien individual (except that such original issue discount shall be taken into account under this clause only to the extent such discount was not theretofore taken into account under this clause and only to the extent that the tax thereon does not exceed the payment less the tax imposed by subparagraph (A) thereon), and
(D) gains from the sale or exchange after October 4, 1966, of patents, copyrights, secret processes and formulas, good will, trademarks, trade brands, franchises, and other like property, or of any interest in any such property, to the extent such gains are from payments which are contingent on the productivity, use, or disposition of the property or interest
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Federal law — U.S. Code and appendices · legal_authorities
Page 695
TITLE 19—CUSTOMS DUTIES
§ 2462
‘‘(i) after December 31, 1995, and
‘‘(ii) before October 1, 1996, and
to which duty-free treatment under title V of the
Trade Act of 1974 [this subchapter] (as amended by
this subtitle) would have applied if the entry had
been made on or after October 1, 1996, shall be liq-
uidated or reliquidated as free of duty, and the Sec-
retary of the Treasury shall refund any duty paid
with respect to such entry.
‘‘(2) LIMITATION
ON
REFUNDS.—No refund shall be
made pursuant to this subsection before October 1,
1996.
‘‘(3) ENTRY.—As used in this subsection, the term
‘entry’ includes a withdrawal from warehouse for
consumption.
‘‘(c) REQUESTS.—Liquidation or reliquidation may be
made under subsection (b) with respect to an entry
only if a request therefor is filed with the Customs
Service, within 180 days after the date of the enactment
of this Act [Aug. 20, 1996], that contains sufficient in-
formation to enable the Customs Service—
‘‘(1) to locate the entry; or
‘‘(2) to reconstruct the entry if it cannot be lo-
cated.’’
§ 2462. Designation of beneficiary developing
countries
(a) Authority to designate countries
(1) Beneficiary developing countries
The President is authorized to designate
countries as beneficiary developing countries
for purposes of this subchapter.
(2)
Least-developed
beneficiary
developing
countries
The President is authorized to designate any
beneficiary developing country as a least-de-
veloped beneficiary developing country for
purposes of this subchapter, based on the con-
siderations in section 2461 of this title and sub-
section (c) of this section.
(b) Countries ineligible for designation
(1) Specific countries
The following countries may not be des-
ignated as beneficiary developi
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2462
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