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19 U.S.C. § 4571 — Presidential action regarding USMCA imports
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.] with respect to imports from a USMCA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
**(b) Exclusion of USMCA imports** In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.], the President shall exclude from such action imports from a USMCA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports from such country.
**(c) Action after exclusion of USMCA country imports**
(1) **In general** — If the President, under subsection (b), excludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is
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Source file: Laws/federal/codes/united-states-code/title-19/section-4571-presidential-action-regarding-usmca-imports--565f8535bf.md
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Source location: Title 19, Chapter 29, § 4571; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(a) In general** In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.] with respect to imports from a USMCA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
**(b) Exclusion of USMCA imports** In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.], the President shall exclude from such action imports from a USMCA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports from such country.
**(c) Action after exclusion of USMCA country imports**
(1) **In general** — If the President, under subsection (b), excludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [[19 U.S.C. 2251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251&num=0&edition=prelim) et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) **Investigation** — Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) **“Surge” defined** — For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.
**(d) Condition applicable to quantitative restrictions** Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Good subject to USMCA drawback” defined** For purposes of this Act, the term “good subject to USMCA drawback” means any imported good other than the following:
(1) A good entered under bond for transportation and exportation to a USMCA country.
(2) A good exported to a USMCA country in the same condition as when imported into the United States. For purposes of this paragraph—
(A) processes such as testing, cleaning, repacking, sorting, marking, or inspecting a good, or preserving it in its same condition, shall not be considered to change the condition of the good, and
(B) except for a good referred to in paragraph 11 of Annex 3–B of the USMCA that is exported to Mexico, if a good described in the first sentence of this paragraph is commingled with fungible goods and exported in the same condition, the origin of the good may be determined on the basis of the inventory methods provided for in the regulations implementing this title.11 See References in Text note below.
(3) A good—
(A) that is—
(i) deemed to be exported from the United States,
(ii) used as a material in the production of another good that is deemed to be exported to a USMCA country, or
(iii) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is deemed to be exported to a USMCA country, and
(B) that is delivered—
(i) to a duty-free shop,
(ii) for ship’s stores or supplies for ships or aircraft, or
(iii) for use in a project undertaken jointly by the United States and a USMCA country and destined to become the property of the United States.
(4) A good exported to a USMCA country for which a refund of customs duties is granted by reason of—
(A) the failure of the good to conform to sa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions and adjustment plans**
(1) A petition requesting action under this part for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry.
(2) A petition under paragraph (1)—
(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and
(B) may—
(i) subject to subsection (d)(1)(C)(i), request provisional relief under subsection (d)(1); or
(ii) request provisional relief under subsection (d)(2).
(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned.
(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (hereafter in this part referred to as the “Trade Representative”), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition.
(5)
(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 19—CUSTOMS DUTIES
§ 2251
an Effective Date note under former section 3461 of this
title.
CONSTRUCTION OF 2016 AMENDMENT
Pub. L. 114–125, title VI, § 610(b)(3), Feb. 24, 2016, 130
Stat. 192, provided that: ‘‘Nothing in this subsection
[amending this section and enacting provisions set out
as a note below] or the amendment made by this sub-
section shall be construed as limiting the authority of
the President or the United States Trade Representa-
tive to develop action plans other than action plans de-
scribed in section 182(g) of the Trade Act of 1974 [19
U.S.C. 2242(g)], as amended by paragraph (1), or to take
any action otherwise authorized by law in response to
the failure of a foreign country to provide adequate and
effective protection and enforcement of intellectual
property rights.’’
USE OF TRADE ENFORCEMENT TRUST FUNDS TO FACILI-
TATE
COMPLIANCE
WITH
INTELLECTUAL
PROPERTY
PROTECTION BENCHMARKS BY DEVELOPING COUNTRIES
Pub. L. 114–125, title VI, § 610(b)(2), Feb. 24, 2016, 130
Stat. 192, provided that:
‘‘(A) IN GENERAL.—Amounts from the Trade Enforce-
ment Trust Fund established under section 611 [19
U.S.C. 4405] may be expended by the United States
Trade Representative, only as provided by appropria-
tions Acts, to provide assistance to any developing
country to which an action plan applies under section
182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as
amended by paragraph (1), to facilitate the efforts of
the developing country to comply with the benchmarks
contained in the action plan. Such assistance may in-
clude capacity building, activities designed to increase
awareness of intellectual property rights, and training
for officials responsible for enforcing intellectual prop-
erty rights in the developing country
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Federal law — U.S. Code and appendices · legal_authorities
Page 1149
TITLE 19—CUSTOMS DUTIES
§ 4571
classified principally to chapter 12 (§ 1101 et seq.) of
Title 8, Aliens and Nationality. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1101 of Title 8 and Tables.
CODIFICATION
Section was formerly classified to section 3401 of this
title and section 1184 of Title 8, Aliens and Nationality,
prior to renumbering by Pub. L. 116–113.
AMENDMENTS
2020—Pub. L. 116–113, § 503(b)(4)(C)–(E), substituted
‘‘the USMCA’’ for ‘‘the Agreement’’ wherever appear-
ing, ‘‘Annex 16–A’’ for ‘‘Annex 1603’’, and ‘‘article 16.1’’
for ‘‘Annex 1608’’.
Pub. L. 116–113, § 503(b)(4)(A), (B), in original Act,
struck out subsec. (a) designation and heading ‘‘NON-
IMMIGRANT TRADERS AND INVESTORS.—’’ before ‘‘Upon a
basis’’ and struck out subsecs. (b) and (c), which had
amended section 1184 of Title 8, Aliens and Nationality,
resulting in no change to the text of this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Amendment by Pub. L. 116–113 effective on the date
the USMCA enters into force (July 1, 2020) and applica-
ble to visas issued on or after that date, see section
503(f) of Pub. L. 116–113, set out as a note under section
1184 of Title 8, Aliens and Nationality.
EFFECTIVE DATE
Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat.
2118, which provided that the provisions of subtitle D
(§§ 341, 342) of title III of Pub. L. 103–182 (enacting this
section and amending section 1184 of Title 8, Aliens and
Nationality) took effect on the date the North Amer-
ican Free Trade Agreement entered into force with re-
spect to the United States (Jan. 1, 1994), was repealed
by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat.
78, effective
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