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

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

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

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Source location: Title 19, Chapter 12, § 2271; chapter-012-trade-act-of-1974.md

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**(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=prelim) may be reduced, modified, or terminated by the President (but not before the President receives the report required under subsection (a)(2)(A)) if the President— (A) after taking into account any report or advice submitted by the Commission under subsection (a) and after seeking the advice of the Secretary of Commerce and the Secretary of Labor, determines, on the basis that either— (i) the domestic industry has not made adequate efforts to make a positive adjustment to import competition, or (ii) the effectiveness 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) has been impaired by changed economic circumstances, that changed circumstances warrant such reduction, or termination; or (B) determines, after a majority of the representatives of the domestic industry submits to the President a petition requesting such reduction, modification, or termination on such basis, that the domestic industry has made a positive adjustment to import competition. (2) Notwithstanding paragraph (1), the President is authorized to take such additional action under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) as may be necessary to eliminate any circumvention of any action previously taken under such section. (3) Notwithstanding paragraph (1), the President may, after receipt of a Commission determination under [section 3538(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3538/a/4&num=0&edition=prelim) and consulting with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, reduce, modify, or terminate action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim). **(c) Extension of action** (1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date 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) is to terminate, the Commission shall investigate to determine whether action under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition. (2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. (3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is to terminate, unless the President specifies a different date. **(d) Evaluation of effectiveness of action** (1) After 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) has terminated, the Commission shall evaluate the effectiveness of the actions in facilitating positive adjustment by the domestic industry to import competition, consistent with the reasons set out by the President in the report submitted to the Congress under [section 2253(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253/b&num=0&edition=prelim). (2) During the course of the evaluation conducted under paragraph (1), the Commission shall, after reasonable public notice, hold a hearing on the effectiveness of the action. All interested persons shall have the opportunity to attend such hearing and to present evidence or testimony at such hearing. (3) A report on the evaluation made under paragraph (1) and the hearings held under paragraph (2) shall be submitted by the Commission to the President and to the Congress by no later than the 180th day after the day on which the actions taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) terminated. **(e) Other provisions** (1) Action by the President under this part may be taken without regard to the provisions of [section 2136(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2136/a&num=0&edition=prelim) but only after consideration of the relation of such actions to the international obligations of the United States. (2) If the Commission treats as the domestic industry production located in a major geographic area of the United States under [section 2252(c)(4)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/c/4/C&num=0&edition=prelim), then the President shall take into account the geographic concentration of domestic production and of imports in that area in taking any action authorized under paragraph (1).

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

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. § 2253 — Action to facilitate positive adjustment to import competition

**(a) Presidential action** If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. **(b) Positive adjustment to import competition** (1) For purposes of this part, a positive adjustment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with imports after actions taken under [section 2254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254&num=0&edition=prelim) terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and (B) dislocated workers in the industry experience an orderly transition to productive pursuits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-sectio

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

19 U.S.C. § 3531 — Consultation and layover requirements for, and effective date of, proclaimed actions

If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if— (1) the President has obtained advice regarding the proposed action from— (A) the appropriate advisory committees established under [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim), and (B) the International Trade Commission; (2) the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth— (A) the action proposed to be proclaimed and the reasons for such actions, and (B) the advice obtained under paragraph (1); (3) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of paragraphs (1) and (2) with respect to such action, has expired; and (4) the President has consulted with such committees regarding the proposed action during the period referred to in paragraph (3).

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

19 U.S.C. § 2252 — Identification of countries that deny adequate protection, or market access, for intellectual property rights

**(a) In general** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim), the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify— (1) those foreign countries that— (A) deny adequate and effective protection of intellectual property rights, or (B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and (2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries. **(b) Special rules for identifications** (1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries— (A) that have the most onerous or egregious acts, policies, or practices that— (i) deny adequate and effective intellectual property rights, or (ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection, (B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and (C) that are not— (i) entering into good faith negotiations, or (ii) making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights. (2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall— (A) consult with the Register of

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19 U.S.C. § 58c — Fees for certain customs services

**(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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15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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

19 U.S.C. § 1318 — Emergencies

**(a)** Whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or otherwise, he may authorize the Secretary of the Treasury to extend during the continuance of such emergency the time herein prescribed for the performance of any act, and may authorize the Secretary of the Treasury to permit, under such regulations as the Secretary of the Treasury may prescribe, the importation free of duty of food, clothing, and medical, surgical, and other supplies for use in emergency relief work. The Secretary of the Treasury shall report to the Congress any action taken under the provisions of this section. **(b)** (1) Notwithstanding any other provision of law, the Secretary of the Treasury, when necessary to respond to a national emergency declared under the National Emergencies Act ([50 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1601&num=0&edition=prelim) et seq.) or to a specific threat to human life or national interests, is authorized to take the following actions on a temporary basis: (A) Eliminate, consolidate, or relocate any office or port of entry of the Customs Service. (B) Modify hours of service, alter services rendered at any location, or reduce the number of employees at any location. (C) Take any other action that may be necessary to respond directly to the national emergency or specific threat. (2) Notwithstanding any other provision of law, the Commissioner of U.S. Customs and Border Protection, when necessary to respond to a specific threat to human life or national interests, is authorized to close temporarily any Customs office or port of entry or take any other lesser action that may be necessary to respond to the specific threat. (3) The Secretary of th

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

19 U.S.C. § 1330 — Organization of Commission

**(a) Membership** The United States International Trade Commission (referred to in this subtitle as the “Commission”) shall be composed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications requisite for developing expert knowledge of international trade problems and efficiency in administering the duties and functions of the Commission. A person who has served as a commissioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. **(b) Terms of office** The terms of office of the commissioners holding office on January 3, 1975, which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that— (1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) any commissioner may continue to serve as a commissioner after an

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

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

**(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 r

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

19 U.S.C. § 1411 — National Customs Automation Program

**(a) Establishment** The Secretary shall establish the National Customs Automation Program (hereinafter in this subpart referred to as the “Program”) which shall be an automated and electronic system for processing commercial importations and shall include the following existing and planned components: (1) Existing components: (A) The electronic entry of merchandise. (B) The electronic entry summary of required information. (C) The electronic transmission of invoice information. (D) The electronic transmission of manifest information. (E) Electronic payments of duties, fees, and taxes. (F) The electronic status of liquidation and reliquidation. (G) The electronic selection of high risk entries for examination (cargo selectivity and entry summary selectivity). (2) Planned components: (A) The electronic filing and status of protests. (B) The electronic filing (including remote filing under [section 1414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1414&num=0&edition=prelim)) of entry information with the Customs Service at any location. (C) The electronic filing of import activity summary statements and reconciliation. (D) The electronic filing of bonds. (E) The electronic penalty process. (F) The electronic filing of drawback claims, records, or entries. (G) Any other component initiated by the Customs Service to carry out the goals of this subpart. **(b) Participation in Program** The Secretary shall by regulation prescribe the eligibility criteria for participation in the Program. The Secretary may, by regulation, require the electronic submission of information described in subsection (a) or any other information required to be submitted to the Customs Service separately pursua

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