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19 U.S.C. § 4561 — USMCA article impact in import relief cases under Trade Act of 1974
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If, in any investigation initiated 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 International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of [section 1330(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330/d&num=0&edition=prelim)), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether—
(1) imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article 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, caused by imports.
**(b) Factors**
(1) **Substantial import share** — In determining whether imports from a USMCA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.
(2) **Application of “contribute importantly” standard** — In determining whether imports from a USMCA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the c
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Source file: Laws/federal/codes/united-states-code/title-19/section-4561-usmca-article-impact-in-import-relief-cases-under-trade-act-of-1974--e801bac8b1.md
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Source location: Title 19, Chapter 29, § 4561; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(a) In general** If, in any investigation initiated 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 International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of [section 1330(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330/d&num=0&edition=prelim)), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether—
(1) imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article 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, caused by imports.
**(b) Factors**
(1) **Substantial import share** — In determining whether imports from a USMCA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.
(2) **Application of “contribute importantly” standard** — In determining whether imports from a USMCA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the USMCA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a USMCA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.
**(c) “Contribute importantly” defined** For purposes of this section and [section 4552(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4552/a&num=0&edition=prelim), the term “contribute importantly” refers to an important cause, but not necessarily the most important cause.
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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) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).
**(b) Duties** The duties described in this subsection are the following:
(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.
(2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4502
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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) Secretary of the Treasury** The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this title 11 See References in Text note below. and the amendments made by this title 1 (except as provided by subsection (b)).
**(b) Secretary of Labor** The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the labor value content determination under [section 4532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4532&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4552
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), such alien will depart from the United States. No alien admitted to Guam or the Commonwealth of the Northern Mariana Islands without a visa pursuant to section 1182(l) of this title may be authorized to enter or stay in the United States other than in Guam or the Commonwealth of the Northern Mariana Islands or to remain in Guam or the Commonwealth of the Northern Mariana Islands for a period exceeding 45 days from date of admission to Guam or the Commonwealth of the Northern Mariana Islands. No alien admitted to the United States without a visa pursuant to [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1187&num=0&edition=prelim) may be authorized to remain in the United States as a nonimmigrant visitor for a period exceeding 90 days from the date of admission.
(2)
(A) The period of authorized status as a nonimmigrant described in [section 1101(a)(15)(O) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/O&num=0&edition=prelim) shall be for such period as the Attorney General may specify in order to provide for the even
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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
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2251
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Federal law — U.S. Code and appendices · legal_authorities
Page 1148
TITLE 19—CUSTOMS DUTIES
§ 4561
U.S.C. 2251 et seq.] with respect to imports from
a USMCA country, the President shall deter-
mine whether—
(1) imports from such country, considered
individually, account for a substantial share
of total imports; or
(2) imports from a USMCA country, consid-
ered
individually,
or
in
exceptional
cir-
cumstances imports from USMCA countries
considered
collectively,
contribute
impor-
tantly 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 et seq.], the
President shall exclude from such action im-
ports from a USMCA country if the President
makes a negative determination under sub-
section (a)(1) or (2) with respect to imports from
such country.
(c) Action after exclusion of USMCA country im-
ports
(1) In general
If the President, under subsection (b), ex-
cludes 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 et
seq.] but thereafter determines that a surge in
imports from that country or countries is un-
dermining the effectiveness of the action—
(A) the President may take appropriate ac-
tion 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 unde
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4561
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