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19 U.S.C. § 4033 — Tariff modifications
Federal law — U.S. Code and appendices · legal_authorities
**(a) Tariff modifications provided for in the Agreement**
(1) **Proclamation authority** — The President may proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3, 3.27, and 3.28 of the Agreement.
(2) **Effect on GSP status** — Notwithstanding section 502(a)(1) of the Trade Act of 1974 ([19 U.S.C. 2462(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/a/1&num=0&edition=prelim)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [[19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(3) **Effect on CBERA status**
(A) *In general* — Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act ([19 U.S.C. 2702(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2702/a&num=0&edition=prelim)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary country for purposes of that Act [[19 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(B) *Exception* — Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Ac
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Stable record: federal_law:legal_authorities:record_usc_6db70ce4a35efce88f87ab99
Source file: Laws/federal/codes/united-states-code/title-19/section-4033-tariff-modifications--5114458cdc.md
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Source location: Title 19, Chapter 26, § 4033; chapter-026-dominican-republic-central-america-free-trade.md
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**(a) Tariff modifications provided for in the Agreement**
(1) **Proclamation authority** — The President may proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3, 3.27, and 3.28 of the Agreement.
(2) **Effect on GSP status** — Notwithstanding section 502(a)(1) of the Trade Act of 1974 ([19 U.S.C. 2462(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/a/1&num=0&edition=prelim)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [[19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(3) **Effect on CBERA status**
(A) *In general* — Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act ([19 U.S.C. 2702(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2702/a&num=0&edition=prelim)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary country for purposes of that Act [[19 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(B) *Exception* — Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act [[19 U.S.C. 2702(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2702/a&num=0&edition=prelim)], for purposes of—
(i) sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this title;
(ii) the duty-free treatment provided under paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
(iii) [section 274(h)(6)(B) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section274/h/6/B&num=0&edition=prelim).
**(b) Other tariff modifications** Subject to the consultation and layover provisions of [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4014&num=0&edition=prelim), the President may proclaim—
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree to with a CAFTA–DR country regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement.
**(c) Conversion to ad valorem rates** For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relationship of Agreement to United States law**
(1) **United States law to prevail in conflict** — No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) **Construction** — Nothing in this chapter shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
**(b) Relationship of Agreement to State law**
(1) **Legal challenge** — No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) **Definition of State law** — For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
**(c) Effect of Agreement with respect to private remedies** No person other than the United States—
(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4014
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2461
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Federal law — U.S. Code and appendices · legal_authorities
The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports to Congress**
(1) **In general** — Not later than the end of the 2-year period beginning on the date the Agreement enters into force, and not later than the end of each 2-year period thereafter during the succeeding 14-year period, the President shall report to the Congress on the progress made by the CAFTA–DR countries in—
(A) implementing Chapter Sixteen and Annex 16.5 of the Agreement; and
(B) implementing the White Paper.
(2) **White Paper** — In this section, the term “White Paper” means the report of April 2005 of the Working Group of the Vice Ministers Responsible for Trade and Labor in the Countries of Central America and the Dominican Republic entitled “The Labor Dimension in Central America and the Dominican Republic - Building on Progress: Strengthening Compliance and Enhancing Capacity”.
(3) **Contents of reports** — Each report under paragraph (1) shall include the following:
(A) A description of the progress made by the Labor Cooperation and Capacity Building Mechanism established by article 16.5 and Annex 16.5 of the Agreement, and the Labor Affairs Council established by article 16.4 of the Agreement, in achieving their stated goals, including a description of the capacity-building projects undertaken, funds received, and results achieved, in each CAFTA–DR country.
(B) Recommendations on how the United States can facilitate full implementation of the recommendations contained in the White Paper.
(C) A description of the work done by the CAFTA–DR countries with the International Labor Organization to implement the recommendations contained in the White Paper, and the efforts of the CAFTA–DR countries with international organizations, through the Labor Cooperation and Capacity Building Mechanism referred to in subparagraph (
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Finality of decisions; return of papers** Except as provided in subsection (b) of this section, [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1501&num=0&edition=prelim) (relating to voluntary reliquidations), [section 1516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516&num=0&edition=prelim) (relating to petitions by domestic interested parties), [section 1520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1520&num=0&edition=prelim) (relating to refunds), and [section 6501 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6501&num=0&edition=prelim) (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to—
(1) the appraised value of merchandise;
(2) the classification and rate and amount of duties chargeable;
(3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury;
(4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim);
(5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or an
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1514
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cases in which refunds authorized** The Secretary of the Treasury is authorized to refund duties or other receipts in the following cases:
(1) **Excess deposits.—** — Whenever it is ascertained on liquidation or reliquidation of an entry or reconciliation that more money has been deposited or paid as duties than was required by law to be so deposited or paid.
(2) **Fees, charges, and exactions.—** — Whenever it is determined in the manner required by law that any fees, charges, or exactions, other than duties and taxes, have been erroneously or excessively collected.
(3) **Fines, penalties, and forfeitures.—** — Whenever money has been deposited in the Treasury on account of a fine, penalty, or forfeiture which did not accrue, or which is finally determined to have accrued in an amount less than that so deposited, or which is mitigated to an amount less than that so deposited or is remitted.
(4) **Prior to liquidation.—** — Prior to the liquidation of an entry or reconciliation, whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid.
**(b) Authorization of appropriations** The necessary moneys to make such refunds are authorized to be appropriated annually from the general fund of the Treasury.
**(c) Repealed. Pub. L. 108–429, title II, § 2105, Dec. 3, 2004, 118 Stat. 2598**
**(d) Goods qualifying under free trade agreement rules of origin** Notwithstanding the fact that a valid protest was not filed, the Customs Service may, in accordance with regulations prescribed by the Secretary, reliquidate an entry to refund any excess duties (including any merchandise processing fees) paid on a good qualifying under the rules of origin set out in section 202 of the United States-Chile
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1520
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition**
(1) **General rule** — Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence—
(A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of—
(i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, or
(ii) any omission which is material, or
(B) may aid or abet any other person to violate subparagraph (A).
(2) **Exception** — Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.
**(b) Procedures**
(1) **Pre-penalty notice**
(A) *In general* — If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall—
(i) describe the merchandise;
(ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction;
(iii) specify all laws and regulations allegedly violated;
(iv) disclose all the material facts which establish the alleged violation;
(v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence;
(vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1592
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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—
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2703a
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Agreement** — The term “Agreement” means the Dominican Republic-Central America-United States Free Trade Agreement approved by the Congress under [section 4011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4011/a/1&num=0&edition=prelim).
(2) **CAFTA–DR country** — Except as provided in [section 4033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4033&num=0&edition=prelim), the term “CAFTA–DR country” means—
(A) Costa Rica, for such time as the Agreement is in force between the United States and Costa Rica;
(B) the Dominican Republic, for such time as the Agreement is in force between the United States and the Dominican Republic;
(C) El Salvador, for such time as the Agreement is in force between the United States and El Salvador;
(D) Guatemala, for such time as the Agreement is in force between the United States and Guatemala;
(E) Honduras, for such time as the Agreement is in force between the United States and Honduras; and
(F) Nicaragua, for such time as the Agreement is in force between the United States and Nicaragua.
(3) **Commission** — The term “Commission” means the United States International Trade Commission.
(4) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(5) **Textile or apparel good** — The term “textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in [section 3511(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/4&num=0&edition=prelim), other than a good listed in Annex 3.29 of the Agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4012
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