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19 U.S.C. § 4314 — Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade

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

19 U.S.C. § 4314 — Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade

**(a) Establishment** The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to— (1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States; (2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and (3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade. **(b) Content** (1) **Classifying and appraising imported articles** — In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate. (C) Customs valuation. (D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner. (2) **T

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Source location: Title 19, Chapter 28, § 4314; chapter-028-trade-facilitation-and-trade-enforcement.md

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**(a) Establishment** The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to— (1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States; (2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and (3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade. **(b) Content** (1) **Classifying and appraising imported articles** — In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate. (C) Customs valuation. (D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner. (2) **Trade enforcement efforts** — In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following: (A) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 ([19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 ([19 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) et seq.). (B) Addressing evasion of duties on imports of textiles. (C) Protection of intellectual property rights. (D) Enforcement of child labor laws. (3) **Approval of Commissioner and Director** — The instruction and related instructional materials at each educational seminar carried out under this section shall be subject to the approval of the Commissioner and the Director. **(c) Selection process** (1) **In general** — The Commissioner shall establish a process to solicit, evaluate, and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each educational seminar carried out under this section. (2) **Criteria** — The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on— (A) availability and usefulness; (B) the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and (C) other appropriate criteria established by the Commissioner. (3) **Public availability** — The Commissioner and the Director shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2). **(d) Special rule for antidumping and countervailing duty orders** (1) **In general** — The Commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of personnel of U.S. Customs and Border Protection to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the Tariff Act of 1930 ([19 U.S.C. 1671e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim) or 1673e) upon the request of a petitioner in an action underlying such countervailing or antidumping duty order. (2) **Interested party** — A petitioner described in paragraph (1) shall be treated as an interested party in the private sector for purposes of the requirements of this section. **(e) Performance standards** The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars carried out under this section. **(f) Reporting** Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director shall submit to the appropriate congressional committees a report on the effectiveness of educational seminars carried out under this section. **(g) Definitions** In this section: (1) **Director** — The term “Director” means the Director of U.S. Immigration and Customs Enforcement. (2) **United States** — The term “United States” means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (3) **U.S. Customs and Border Protection personnel** — The term “U.S. Customs and Border Protection personnel” means import specialists, auditors, and other appropriate employees of the U.S. Customs and Border Protection. (4) **U.S. Immigration and Customs Enforcement personnel** — The term “U.S. Immigration and Customs Enforcement personnel” means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. Immigration and Customs Enforcement.

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

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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

19 U.S.C. § 1202 — Harmonized Tariff Schedule

### Statutory Notes #### Publication of Harmonized Tariff Schedule The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402. #### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).

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

19 U.S.C. § 1671e — Assessment of duty

**(a) Publication of countervailing duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), the administering authority shall publish a countervailing duty order which— (1) directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, (2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and (3) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited. **(b) Imposition of duties** (1) **General rule** — If the Commission, in its final determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation

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

19 U.S.C. § 1673 — Antidumping duties imposed

If— (1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and (2) the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and [section 1673d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b/1&num=0&edition=prelim), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

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

19 U.S.C. § 1654 — Short title

This chapter may be cited as the “Tariff Act of 1930.”

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

19 U.S.C. § 2084 — Office of Trade

**(a) In general** There is established in U.S. Customs and Border Protection an Office of Trade. **(b) Executive Assistant Commissioner** There shall be at the head of the Office of Trade an Executive Assistant Commissioner, who shall report to the Commissioner of U.S. Customs and Border Protection. **(c) Duties** The Office of Trade shall— (1) direct the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by U.S. Customs and Border Protection; (2) advise the Commissioner of U.S. Customs and Border Protection with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection; (3) coordinate with the Executive Assistant Commissioner for the Office of Field Operations with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; (4) direct the development and implementation of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan for trade facilitation and trade enforcement required under [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4314&num=0&edition=prelim); (5) otherwise advise the Commissioner of U.S. Customs and Border Protection with respect to the development and implementation of the joint strategic plan; (6) direct the trade enforcement activities of U.S. Customs and Border Protection; (7) oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and implementation of the Automated Commercial Environment computer system author

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

19 U.S.C. § 4311 — Definitions

In this chapter: (1) **Automated Commercial Environment** — The term “Automated Commercial Environment” means the Automated Commercial Environment computer system authorized under [section 58c(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/f/4&num=0&edition=prelim). (2) **Commercial operations of U.S. Customs and Border Protection** — The term “commercial operations of U.S. Customs and Border Protection” includes— (A) administering any customs revenue function (as defined in [section 215 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section215&num=0&edition=prelim)); (B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement; (C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to— (i) investigations relating to trade enforcement; and (ii) the development and implementation of the joint strategic plan required by [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4314&num=0&edition=prelim); (D) coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts; (E) coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries; (F) collecting, assessing, and disseminating information as appropriate and in accordance with any law r

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

19 U.S.C. § 4346 — Joint strategic plan for the enforcement of intellectual property rights

The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall include in the joint strategic plan required by [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4314&num=0&edition=prelim)— (1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights; (2) a list of the 10 United States ports of entry at which U.S. Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual property rights during the most recent 2-year period for which data are available; and (3) a recommendation for the optimal allocation of personnel, resources, and technology to ensure that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement are adequately enforcing intellectual property rights.

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

19 U.S.C. § 1671 — Countervailing duties imposed

Page 329 TITLE 19—CUSTOMS DUTIES § 1671 1 So in original. Probably should be section ‘‘1677–1(a)’’. 2 So in original. Probably should be section ‘‘1677–1(c)’’. SUBTITLE IV—COUNTERVAILING AND ANTIDUMPING DUTIES PART I—IMPOSITION OF COUNTERVAILING DUTIES Editorial Notes CODIFICATION The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec- tively, and were editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1671. Countervailing duties imposed (a) General rule If— (1) the administering authority determines that the government of a country or any pub- lic entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commis- sion determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and section 1671d(b)(1) of this title, a reference to the sale of merchandise includes the entering i

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

19 U.S.C. § 1671e — Assessment of duty

Page 347 TITLE 19—CUSTOMS DUTIES § 1671e of its determination and of the facts and conclu- sions of law upon which the determination is based, and it shall publish notice of its deter- mination in the Federal Register. (e) Correction of ministerial errors The administering authority shall establish procedures for the correction of ministerial er- rors in final determinations within a reasonable time after the determinations are issued under this section. Such procedures shall ensure op- portunity for interested parties to present their views regarding any such errors. As used in this subsection, the term ‘‘ministerial error’’ in- cludes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial. (June 17, 1930, ch. 497, title VII, § 705, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 159; amended Pub. L. 98–573, title VI, §§ 602(a)(2), 605(a), 606, Oct. 30, 1984, 98 Stat. 3024, 3028, 3029; Pub. L. 100–418, title I, §§ 1324(a)(3), 1333(a), Aug. 23, 1988, 102 Stat. 1200, 1209; Pub. L. 103–465, title II, §§ 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b), 264(b), (c)(7), (8), 270(a)(1)(F), (G), Dec. 8, 1994, 108 Stat. 4848, 4850, 4899, 4912–4914, 4917; Pub. L. 104–295, § 20(b)(15), Oct. 11, 1996, 110 Stat. 3527.) Editorial Notes AMENDMENTS 1996—Subsec. (c)(1)(B)(i)(II). Pub. L. 104–295 inserted ‘‘section’’ after ‘‘if’’. 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(N), 270(a)(1)(F), substituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’ and ‘‘the subject merchandise’’ for ‘‘the mer- chandise’’. Subsec. (a)(2)(A). Pub. L. 103–465, §§ 214(a)(2)(A)(

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