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19 U.S.C. § 4551 — Drawback
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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Source location: Title 19, Chapter 29, § 4551; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(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 sample or specification, or
(B) the shipment of the good without the consent of the consignee.
(5) A good that qualifies under the rules of origin set out in section 202 1 that is—
(A) exported to a USMCA country,
(B) used as a material in the production of another good that is exported to a USMCA country, or
(C) 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 exported to a USMCA country.
(6) A good provided for in subheading 1701.13.20 or 1701.14.20 of the HTS that is imported under any re-export program or any like program and that is—
(A) used as a material, or
(B) substituted for by a good of the same kind and quality that is used as a material,
in the production of a good provided for in existing Canadian tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined sugar).
(7) A citrus product that is exported to Canada.
(8) A good used as a material, or substituted for by a good of the same kind and quality that is used as a material, in the production of—
(A) apparel, or
(B) a good provided for in subheading 6307.90.99 (insofar as it relates to furniture moving pads), 5811.00.20, or 5811.00.30 of the HTS,
that is exported to Canada and that is subject to Canada’s most-favored-nation rate of duty upon importation into Canada.
Where in paragraph (6) a good referred to by an item is described in parentheses following the item, the description is provided for purposes of reference only.
**(b) Same kind and quality** For purposes of paragraphs (3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for purposes of obtaining refunds, waivers, or reductions of customs duties with respect to a good subject to USMCA drawback under [section 1313(n)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1313/n/2&num=0&edition=prelim), a good is a good of the same kind and quality as another good—
(1) for a good described in such paragraph (6)(B), if the good would have been considered of the same kind and quality as the other good on the day before the date on which the USMCA enters into force; or
(2) for other goods if—
(A) the good is classified under the same 8-digit HTS subheading number as the other good; or
(B) drawback would be allowed with respect to the goods under subsection (b)(4), (j)(1), or (p) of [section 1313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1313&num=0&edition=prelim).
**(c) Elimination of drawback for fees under [section 624 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section624&num=0&edition=prelim)** Notwithstanding any other provision of law, the Secretary of the Treasury may not, on condition of export, refund or reduce a fee applied pursuant to [section 624 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section624&num=0&edition=prelim) with respect to goods included under subsection (a) that are exported to a USMCA country.
**(d) Inapplicability to countervailing and antidumping duties** Nothing in this section or the amendments made by it shall be considered to authorize the refund, waiver, or reduction of countervailing duties or antidumping duties imposed on an imported good.
**(e) Action on claim**
(1) **In general** — If the Commissioner of U.S. Customs and Border Protection determines that a claim of preferential tariff treatment has been made with respect to an article for which a claim described in paragraph (2) has been made, the Commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted.
(2) **Claims described** — A claim described in this paragraph is a claim for—
(A) a refund, waiver, or reduction of duty, under any applicable provision of law; or
(B) a credit against a bond under [section 1312(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1312/d/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Handling of merchandise in zone; shipment of foreign merchandise into customs territory; appraisal; reshipment to zone** Foreign and domestic merchandise of every description, except such as is prohibited by law, may, without being subject to the customs laws of the United States, except as otherwise provided in this chapter, be brought into a zone and may be stored, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned, mixed with foreign or domestic merchandise, or otherwise manipulated, or be manufactured except as otherwise provided in this chapter, and be exported, destroyed, or sent into customs territory of the United States therefrom, in the original package or otherwise; but when foreign merchandise is so sent from a zone into customs territory of the United States it shall be subject to the laws and regulations of the United States affecting imported merchandise: Provided, That whenever the privilege shall be requested and there has been no manipulation or manufacture effecting a change in tariff classification, the appropriate customs officer shall take under supervision any lot or part of a lot of foreign merchandise in a zone, cause it to be appraised and taxes determined and duties liquidated thereon. Merchandise so taken under supervision may be stored, manipulated, or manufactured under the supervision and regulations prescribed by the Secretary of the Treasury, and whether mixed or manufactured with domestic merchandise or not may, under regulations prescribed by the Secretary of the Treasury, be exported or destroyed, or may be sent into customs territory upon the payment of such liquidated duties and determined taxes thereon. If merchandise so taken under supervision has been manipulated or manufactured, such duti
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1313
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, any program or operation undertaken under this chapter or the Soil Conservation and Domestic Allotment Act, as amended [[16 U.S.C. 590a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590a&num=0&edition=prelim) et seq.], or [section 612c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section612c&num=0&edition=prelim), or any loan, purchase, or other program or operation undertaken by the Department of Agriculture, or any agency operating under its direction, with respect to any agricultural commodity or product thereof, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to which any such program or operation is being undertaken, he shall so advise the President, and, if the President agrees that there is reason for such belief, the President shall cause an immediate investigation to be made by the United States International Trade Commission, which shall give precedence to investigations under this section to determine such facts. Such investigation shall be made after due notice and opportunity for hearing to interested parties, and shall be conducted subject to such regulations as the President shall specify.
**(b)** If, on the basis of such investigation and report to him of findings and recommendations made in connection therewith, the President finds the existence of such facts, he shall by proclamation impose such fees
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.
**(b) Report to Congress** Not later than 1 year after January 29, 2020, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section.
**(c) Definitions** In this section:
(1) **Covered area** — The term “covered area” means the portion of the Tijuana River watershed that is in the United States.
(2) **Eligible public entities** — The term “eligible public entities” means—
(A) the United States Section of the International Boundary and Water Commission;
(B) the Corps of Engineers;
(C) the North American Development Bank;
(D) the Department of State;
(E) any other appropriate Federal agency;
(F) the State of California; and
(G) any of the following entities with jurisdiction over any part of the covered area:
(i) A local government.
(ii) An Indian Tribe.
(iii) A regional water board.
(iv) A public wastewater utility.
(3) **Treatment works** — The term “treatment works” has the meaning given that term in [section 1292 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1292&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3371, Pub. L. 103–182, title III, § 311, Dec. 8, 1993, 107 Stat. 2106, which related to NAFTA article impact in import relief cases under the Trade Act of 1974, was renumbered as section 301 of subtitle A of title III of Pub. L. 116–113 by Pub. L. 116–113, title V, § 502(b)(1)–(3), Jan. 29, 2020, 134 Stat. 70, and transferred to [section 4551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4551&num=0&edition=prelim).
Section 3372, Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107, which related to presidential actions regarding NAFTA imports, was renumbered as section 302 of subtitle A of title III of Pub. L. 116–113 by Pub. L. 116–113, title V, § 502(c)(1)–(3), Jan. 29, 2020, 134 Stat. 70, and transferred to [section 4552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4552&num=0&edition=prelim).
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 1147
TITLE 19—CUSTOMS DUTIES
§ 4552
(Pub. L. 116–113, title II, § 210, Jan. 29, 2020, 134
Stat. 53.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in subsec. (a), is title II of Pub.
L. 116–113, Jan. 29, 2020, 134 Stat. 19, which enacted this
subchapter and amended and enacted provisions set out
as notes under several sections within this title. For
complete classification of title II to the Code, see Ta-
bles.
SUBCHAPTER III—APPLICATION OF USMCA
TO SECTORS AND SERVICES
PART A—RELIEF FROM INJURY CAUSED BY
IMPORT COMPETITION
Editorial Notes
CODIFICATION
Pub. L. 116–113, title V, § 502(a), (d), Jan. 29, 2020, 134
Stat. 70, struck out ‘‘[reserved]’’ at end of part heading
and reenacted part heading without change.
§ 4551. USMCA article impact in import relief
cases under Trade Act of 1974
(a) In general
If, in any investigation initiated under chap-
ter 1 of title II of the Trade Act of 1974 [19 U.S.C.
2251 et seq.], the International Trade Commis-
sion makes an affirmative determination (or a
determination which the President may treat as
an affirmative determination under such chap-
ter by reason of section 1330(d) of this title), the
International Trade Commission shall also find
(and report to the President at the time such in-
jury determination is submitted to the Presi-
dent) 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 excep-
tional 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 im
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4551
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