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19 U.S.C. § 4313 — Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs

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

19 U.S.C. § 4313 — Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs

**(a) Priorities and performance standards** (1) **In general** — The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b). (2) **Minimum priorities and standards** — Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures. **(b) Functions and programs described** The functions and programs referred to in subsection (a) are the following: (1) The Automated Commercial Environment. (2) Each of the priority trade issues described in [section 4322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim). (3) The Centers of Excellence and Expertise described in [section 4317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim). (4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 ([19 U.S.C. 1313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1313&num=0&edition=prelim)), as amended by section 906 of this Act. (5) Transactions relating to imported merchandise in bond. (6) 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.ho

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Source location: Title 19, Chapter 28, § 4313; chapter-028-trade-facilitation-and-trade-enforcement.md

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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. § 1313 — Drawback and refunds

**(a) Articles made from imported merchandise** Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those articles have not been used prior to such exportation or destruction, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback, except that duties shall not be so refunded upon the exportation or destruction of flour or by-products produced from imported wheat. Where two or more products result from the manipulation of imported merchandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation. **(b) Substitution for drawback purposes** (1) **In general** — If imported duty-paid merchandise or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be allowed upon the exportation, or destruction under customs supervision, of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction. (2) **Requirements relating to transfer of merchandise** (A) *Manufacturers and producers* — Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced usin

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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. § 4322 — Establishment of importer risk assessment program

**(a) In general** Not later than the date that is 180 days after February 24, 2016, the Commissioner shall establish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the revenue of the Federal Government. **(b) Requirements** The Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection— (1) develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent— (A) to adjust bond amounts of imported products of such importers; and (B) to increase screening of imported products of such importers; (2) develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in [section 4322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim); (3) develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under [section 4317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim); and (4) establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection. **(c) Exclusion of certain importers** This section shall not apply to a

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

19 U.S.C. § 4317 — Commercial Customs Operations Advisory Committee

**(a) Establishment** Not later than the date that is 60 days after February 24, 2016, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the “Advisory Committee”). **(b) Membership** (1) **In general** — The Advisory Committee shall be comprised of— (A) 20 individuals appointed under paragraph (2); (B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and (C) the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee. (2) **Appointment** (A) *In general* — The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee. (B) *Requirements* — In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members— (i) to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and (ii) without regard to political affiliation. (C) *Terms* — Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially. (3) **Transfer of membership** — The Secretary of the Treasury and the Secretary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Op

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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. § 4315 — Joint strategic plan

**(a) In general** Not later than one year after February 24, 2016, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan. **(b) Contents** The joint strategic plan required under this section shall be comprised of a comprehensive multiyear plan for trade enforcement and trade facilitation, and shall include— (1) a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement in meeting each such responsibility; (2) a statement of objectives and plans for further improving trade enforcement and trade facilitation; (3) a specific identification of the priority trade issues described in [section 4322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim) that can be addressed in order to enhance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue, including— (A) a description of the targeting methodologies used for enforcement activities with respect to each such issue; (B) recommendations for improving such enforcement activities; and (C) a description of the implementation of previous recommendations for improving such enforcement activities; (4) a description of efforts made to improve consultation and coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. Immigration

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

19 U.S.C. § 1313 — Drawback and refunds

Page 83 TITLE 19—CUSTOMS DUTIES § 1313 set out as an Effective Date note under section 3001 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87–456. § 1313. Drawback and refunds (a) Articles made from imported merchandise Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those arti- cles have not been used prior to such expor- tation or destruction, an amount calculated pur- suant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be re- funded as drawback, except that duties shall not be so refunded upon the exportation or destruc- tion of flour or by-products produced from im- ported wheat. Where two or more products re- sult from the manipulation of imported mer- chandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation. (b) Substitution for drawback purposes (1) In general If imported duty-paid merchandise or mer- chandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be al- lowed upon the exportation, or destruction under customs supervision, of any such arti- cles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount cal

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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. § 1673 — Antidumping duties imposed

Page 350 TITLE 19—CUSTOMS DUTIES § 1673 (3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this part on that mer- chandise. (June 17, 1930, ch. 497, title VII, § 709, as added Pub. L. 98–573, title VI, § 608, Oct. 30, 1984, 98 Stat. 3029.) Editorial Notes Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART II—IMPOSITION OF ANTIDUMPING DUTIES Editorial Notes CODIFICATION The designation ‘‘PART II’’ was in the original ‘‘Sub- title B’’ and was 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. § 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 merchan- dise 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, a reference to the

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