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19 U.S.C. § 3722 — Protections against transshipment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Preferential treatment conditioned on enforcement measures**
(1) **In general** — The preferential treatment under [section 3721(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721/a&num=0&edition=prelim) shall not be provided to textile and apparel articles that are imported from a beneficiary sub-Saharan African country unless that country—
(A) has adopted an effective visa system, domestic laws, and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States;
(B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country;
(C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and imports into that country of covered articles, consistent with the manner in which the records are kept by that country;
(D) will cooperate fully with the United States to address and take action necessary to prevent circumvention as provided in Article 5 of the Agreement on Textiles and Clothing;
(E) agrees to require all producers and exporters of covered articles in that country to maintain complete records of the production and the export of covered articles, including materials used in the production, for at least 2 years after the production or export (as the case may be); and
(F) agrees to report, on a timely basis, at the request of the United States Customs Service, documentation establishing the country of origin of covered articles as used
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Source file: Laws/federal/codes/united-states-code/title-19/section-3722-protections-against-transshipment--b4bca6329f.md
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Source location: Title 19, Chapter 23, § 3722; chapter-023-extension-of-certain-trade-benefits-to-sub-saharan-africa.md
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**(a) Preferential treatment conditioned on enforcement measures**
(1) **In general** — The preferential treatment under [section 3721(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721/a&num=0&edition=prelim) shall not be provided to textile and apparel articles that are imported from a beneficiary sub-Saharan African country unless that country—
(A) has adopted an effective visa system, domestic laws, and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of counterfeit documents relating to the importation of the articles into the United States;
(B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country;
(C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and imports into that country of covered articles, consistent with the manner in which the records are kept by that country;
(D) will cooperate fully with the United States to address and take action necessary to prevent circumvention as provided in Article 5 of the Agreement on Textiles and Clothing;
(E) agrees to require all producers and exporters of covered articles in that country to maintain complete records of the production and the export of covered articles, including materials used in the production, for at least 2 years after the production or export (as the case may be); and
(F) agrees to report, on a timely basis, at the request of the United States Customs Service, documentation establishing the country of origin of covered articles as used by that country in implementing an effective visa system.
(2) **Country of origin documentation** — For purposes of paragraph (1)(F), documentation regarding the country of origin of the covered articles includes documentation such as production records, information relating to the place of production, the number and identification of the types of machinery used in production, the number of workers employed in production, and certification from both the manufacturer and the exporter.
**(b) Customs procedures and enforcement**
(1) **In general**
(A) *Regulations* — Any importer that claims preferential treatment under [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721&num=0&edition=prelim) shall comply with customs procedures similar in all material respects to the requirements of article 5.4.1 of the USMCA as implemented pursuant to United States law, in accordance with regulations promulgated by the Secretary of the Treasury.
(B) *Determination*
(i) *In general* — In order to qualify for the preferential treatment under [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721&num=0&edition=prelim) and for a Certificate of Origin to be valid with respect to any article for which such treatment is claimed, there shall be in effect a determination by the President that each country described in clause (ii)—
(I) has implemented and follows; or
(II) is making substantial progress toward implementing and following,
procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the USMCA.
(ii) *Country described* — A country is described in this clause if it is a beneficiary sub-Saharan African country—
(I) from which the article is exported; or
(II) in which materials used in the production of the article originate or in which the article or such materials, undergo production that contributes to a claim that the article is eligible for preferential treatment.
(2) **Certificate of Origin** — The Certificate of Origin that otherwise would be required pursuant to the provisions of paragraph (1) shall not be required in the case of an article imported under [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721&num=0&edition=prelim) if such Certificate of Origin would not be required under article 5.5 of the USMCA (as implemented pursuant to United States law), if the article were imported from Mexico.
(3) **Penalties for exporters** — If the President determines, based on sufficient evidence, that an exporter has engaged in transshipment as defined in paragraph (4), then the President shall deny for a period of 5 years all benefits under [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721&num=0&edition=prelim) to such exporter, any successor of such exporter, and any other entity owned or operated by the principal of the exporter.
(4) **Transshipment described** — Transshipment within the meaning of this subsection has occurred when preferential treatment for a textile or apparel article under this chapter 11 See References in Text note below. has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of this paragraph, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3721&num=0&edition=prelim).
(5) **Monitoring and reports to Congress** — The Customs Service shall monitor and the Commissioner of U.S. Customs and Border Protection shall submit to Congress, not later than March 31 of each year, a report on the effectiveness of the visa systems and the implementation of legislation and regulations described in subsection (a) and on measures taken by countries in sub-Saharan Africa which export textiles or apparel to the United States to prevent circumvention as described in Article 5 of the Agreement on Textiles and Clothing.
**(c) Customs Service enforcement** The Customs Service shall—
(1) make available technical assistance to the beneficiary sub-Saharan African countries—
(A) in the development and implementation of visa systems, legislation, and regulations described in subsection (a)(1)(A); and
(B) to train their officials in anti-transshipment enforcement;
(2) send production verification teams to at least four beneficiary sub-Saharan African countries each year; and
(3) to the extent feasible, place beneficiary sub-Saharan African countries on the Electronic Visa (ELVIS) program.
**(d) Authorization of appropriations** There is authorized to be appropriated to carry out subsection (c) the sum of $5,894,913.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preferential treatment** Textile and apparel articles described in subsection (b) that are imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country described in section 2466a(c) 11 See References in Text note below. of this title, shall enter the United States free of duty and free of any quantitative limitations in accordance with the provisions set forth in subsection (b), if the country has satisfied the requirements set forth in [section 3722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3722&num=0&edition=prelim).
**(b) Products covered** Subject to subsection (c), the preferential treatment described in subsection (a) shall apply only to the following textile and apparel products:
(1) **Apparel articles assembled in one or more beneficiary sub-Saharan African countries** — Apparel articles sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut, or from components knit-to-shape, in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States) that are—
(A) entered under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or
(B) entered under chapter 61 or 62 of the Harmonized Tariff Schedule of the United States, if, after such assembly, the articles would have qualified for entry under subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States but for the fact that the articles were embroidered or subjected to stone-washing, enz
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3721
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Growth, product, or manufacture of beneficiary countries**
(1) Unless otherwise excluded from eligibility by this chapter, and subject to section 423 of the Tax Reform Act of 1986, and except as provided in subsection (b)(2) and (3), the duty-free treatment provided under this chapter shall apply to any article which is the growth, product, or manufacture of a beneficiary country if—
(A) that article is imported directly from a beneficiary country into the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced in a beneficiary country or two or more beneficiary countries, plus (ii) the direct costs of processing operations performed in a beneficiary country or countries is not less than 35 per centum of the appraised value of such article at the time it is entered.
For purposes of determining the percentage referred to in subparagraph (B), the term “beneficiary country” includes the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 per centum of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this subsection including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this chapter, an article must be wholly the growth, product, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
(2) The term “other import restriction” includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.
(3) The term “ad valorem” includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.
(4) The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 1401a or 1402 11 See References in Text note below. of this title (as in effect before the effective date of the amendments made by title II of the Trade Agreements Act of 1979) or in [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1401a&num=0&edition=prelim) (as in effect on the effective date of such title II amendments)
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2483
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds that—
(1) it is in the mutual interest of the United States and the countries of sub-Saharan Africa to promote stable and sustainable economic growth and development in sub-Saharan Africa;
(2) the countries of sub-Saharan Africa form a region richly endowed with both natural and human resources;
(3) sub-Saharan Africa represents a region of enormous economic potential and of enduring political significance to the United States;
(4) the region has experienced the strengthening of democracy as countries in sub-Saharan Africa have taken steps to encourage broader participation in the political process;
(5) certain countries in sub-Saharan Africa have increased their economic growth rates, taken significant steps towards liberalizing their economies, and made progress toward regional economic integration that can have positive benefits for the region;
(6) despite those gains, the per capita income in sub-Saharan Africa averages approximately $500 annually;
(7) trade and investment, as the American experience has shown, can represent powerful tools both for economic development and for encouraging broader participation in a political process in which political freedom can flourish;
(8) increased trade and investment flows have the greatest impact in an economic environment in which trading partners eliminate barriers to trade and capital flows and encourage the development of a vibrant private sector that offers individual African citizens the freedom to expand their economic opportunities and provide for their families;
(9) offering the countries of sub-Saharan Africa enhanced trade preferences will encourage both higher levels of trade and direct investment in support of the positive economic and political developments under way throughout the regio
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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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
**(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
Page 902
TITLE 19—CUSTOMS DUTIES
§ 3722
more beneficiary sub-Saharan African countries from
yarn originating either in the United States or one or
more beneficiary sub-Saharan African countries (in-
cluding fabrics not formed from yarns, if such fabrics
are classifiable under heading 5602 or 5603 of the Har-
monized Tariff Schedule of the United States and are
wholly formed and cut in one or more beneficiary sub-
Saharan African countries), subject to the following:’’.
Subsec. (b)(3)(B). Pub. L. 107–210, § 3108(a)(3)(B),
amended heading and text generally. Prior to amend-
ment, text read as follows:
‘‘(i) IN GENERAL.—Subject to subparagraph (A), pref-
erential treatment shall be extended through Sep-
tember 30, 2004, for apparel articles wholly assembled in
one or more lesser developed beneficiary sub-Saharan
African countries regardless of the country of origin of
the fabric used to make such articles.
‘‘(ii) LESSER DEVELOPED BENEFICIARY SUB-SAHARAN AF-
RICAN COUNTRY.—For purposes of this subparagraph the
term ‘lesser developed beneficiary sub-Saharan African
country’ means a beneficiary sub-Saharan African
country that had a per capita gross national product of
less than $1,500 a year in 1998, as measured by the World
Bank.’’
Subsec. (b)(4)(B). Pub. L. 107–210, § 3108(a)(4), sub-
stituted ‘‘21.5 microns’’ for ‘‘18.5 microns’’.
Subsec. (b)(7). Pub. L. 107–210, § 3108(a)(5), added par.
(7).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–260 effective July 1, 2020,
see section 602(g) of div. O of Pub. L. 116–260, set out as
a note under section 2578b of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–436, § 3(b), Oct. 16, 2008, 122 Stat. 4980, pro-
vided that: ‘‘The amendments made by su
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3722
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