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19 U.S.C. § 4311 — Definitions

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

19 U.S.C. § 4311 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_ed0b6dd2d745ab51db610fb5
Source file: Laws/federal/codes/united-states-code/title-19/section-4311-definitions--3f52f6aa2e.md
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Source location: Title 19, Chapter 28, § 4311; chapter-028-trade-facilitation-and-trade-enforcement.md

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In this chapter: (1) **Automated Commercial Environment** — The term “Automated Commercial Environment” means the Automated Commercial Environment computer system authorized under [section 58c(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/f/4&num=0&edition=prelim). (2) **Commercial operations of U.S. Customs and Border Protection** — The term “commercial operations of U.S. Customs and Border Protection” includes— (A) administering any customs revenue function (as defined in [section 215 of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section215&num=0&edition=prelim)); (B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement; (C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to— (i) investigations relating to trade enforcement; and (ii) the development and implementation of the joint strategic plan required by [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4314&num=0&edition=prelim); (D) coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts; (E) coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries; (F) collecting, assessing, and disseminating information as appropriate and in accordance with any law regarding cargo destined for the United States— (i) to ensure that such cargo complies with the customs and trade laws of the United States; and (ii) to facilitate the legitimate international trade of such cargo; (G) soliciting and considering on a regular basis input from private sector entities, including the Commercial Customs Operations Advisory Committee established by [section 4316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4316&num=0&edition=prelim) and the Trade Support Network, with respect to, as appropriate— (i) the implementation of changes to the customs and trade laws of the United States; and (ii) the development, implementation, or revision of policies or regulations administered by U.S. Customs and Border Protection; and (H) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate trade and enforcing the customs and trade laws of the United States. (3) **Commissioner** — The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection, as described in [section 211(b) of title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/b&num=0&edition=prelim). (4) **Customs and trade laws of the United States** — The term “customs and trade laws of the United States” includes the following: (A) The Tariff Act of 1930 ([19 U.S.C. 1202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1202&num=0&edition=prelim) et seq.). (B) [Section 3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3&num=0&edition=prelim). (C) [Section 6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section6&num=0&edition=prelim). (D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; [19 U.S.C. 2071](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2071&num=0&edition=prelim) et seq.). (E) [Section 58c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c&num=0&edition=prelim). (F) [Section 66 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section66&num=0&edition=prelim). (G) [Section 68 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section68&num=0&edition=prelim). (H) The Act of June 18, 1934 (48 Stat. 998, chapter 590; [19 U.S.C. 81a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section81a&num=0&edition=prelim) et seq.; commonly known as the “Foreign Trade Zones Act”). (I) [Section 198 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section198&num=0&edition=prelim). (J) The Trade Act of 1974 ([19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.). (K) The Trade Agreements Act of 1979 ([19 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim) et seq.). (L) The North American Free Trade Agreement Implementation Act ([19 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim) et seq.).11 See References in Text note below. (M) The Uruguay Round Agreements Act ([19 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim) et seq.). (N) The Caribbean Basin Economic Recovery Act ([19 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.). (O) The Andean Trade Preference Act ([19 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3201&num=0&edition=prelim) et seq.). (P) The African Growth and Opportunity Act ([19 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3701&num=0&edition=prelim) et seq.). (Q) The Customs Enforcement Act of 1986 (Public Law 99–570; 100 Stat. 3207–79). (R) The Customs and Trade Act of 1990 (Public Law 101–382; 104 Stat. 629). (S) The Customs Procedural Reform and Simplification Act of 1978 (Public Law 95–410; 92 Stat. 888). (T) The Trade Act of 2002 (Public Law 107–210; 116 Stat. 933). (U) The Convention on Cultural Property Implementation Act ([19 U.S.C. 2601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2601&num=0&edition=prelim) et seq.). (V) The Act of March 28, 1928 (45 Stat. 374, chapter 266; [19 U.S.C. 2077](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2077&num=0&edition=prelim) et seq.). (W) The Act of August 7, 1939 (53 Stat. 1262, chapter 566). (X) The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; [19 U.S.C. 4201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4201&num=0&edition=prelim) et seq.). (Y) The Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 362). (Z) Any other provision of law implementing a trade agreement. (AA) Any other provision of law vesting customs revenue functions in the Secretary of the Treasury. (BB) Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. Customs and Border Protection on behalf of any Federal agency that is required to participate in the International Trade Data System established under section 411(d) of the Tariff Act of 1930 ([19 U.S.C. 1411(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1411/d&num=0&edition=prelim)). (CC) Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. (5) **Private sector entity** — The term “private sector entity” means— (A) an importer; (B) an exporter; (C) a forwarder; (D) an air, sea, or land carrier or shipper; (E) a contract logistics provider; (F) a customs broker; or (G) any other person (other than an employee of a government) affected by the implementation of the customs and trade laws of the United States. (6) **Trade enforcement** — The term “trade enforcement” means the enforcement of the customs and trade laws of the United States. (7) **Trade facilitation** — The term “trade facilitation” refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.

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

19 U.S.C. § 2501 — Equivalence determinations

**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law. **(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received. **(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated

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

19 U.S.C. § 68 — Enforcement of customs and immigration laws in Guam and the Virgin Islands and along Canadian and Mexican borders; cooperation by Secretary of the Treasury and Attorney General; erection of buildings

To aid in the enforcement of the customs and immigration laws along the Canadian and Mexican borders and to provide better facilities for such enforcement at points along such borders at which no Federal or other buildings adapted or suitably located for the purpose are available, and for similar purposes in the Virgin Islands of the United States, the Secretary of the Treasury and the Attorney General are hereby authorized to expend, and for similar purposes in Guam the Attorney General is hereby authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs and the Immigration and Naturalization Services, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quarters for officers where none are otherwise available: Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $200,000 and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned.

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

19 U.S.C. § 3 — Superintendence of collection of import duties

The Secretary of the Treasury shall direct the superintendence of the collection of the duties on imports as he shall judge best.

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

19 U.S.C. § 6 — Designation of customs officers for foreign service; status; rejection of designated customs officer; applicability of civil service laws

Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer whose assignment to the foreign post for which he has been designated would, in his judgment, be prejudicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the principal officer in charge of the office to which such appointments are to be made.

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

19 U.S.C. § 1623 — Bonds and other security

**(a) Requirement of bond by regulation** In any case in which bond or other security is not specifically required by law, the Secretary of the Treasury may by regulation or specific instruction require, or authorize customs officers to require, such bonds or other security as he, or they, may deem necessary for the protection of the revenue or to assure compliance with any provision of law, regulation, or instruction which the Secretary of the Treasury or the Customs Service may be authorized to enforce. **(b) Conditions and form of bond** Whenever a bond is required or authorized by a law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce, the Secretary of the Treasury may— (1) Except as otherwise specifically provided by law, prescribe the conditions and form of such bond and the manner in which the bond may be filed with or, pursuant to an authorized electronic data interchange system, transmitted to the Customs Service, and fix the amount of penalty thereof, whether for the payment of liquidated damages or of a penal sum: Provided, That when a consolidated bond authorized by paragraph 4 of this subsection is taken, the Secretary of the Treasury may fix the penalty of such bond without regard to any other provision of law, regulation, or instruction. (2) Provide for the approval of the sureties on such bond, without regard to any general provision of law. (3) Authorize the execution of a term bond the conditions of which shall extend to and cover similar cases of importations over such period of time, not to exceed one year, or such longer period as he may fix when in his opinion special circumstances existing in a particular instance require such longer period. (4) Authorize, to the extent that he ma

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

28 U.S.C. § 1581 — Civil actions against the United States and agencies and officers thereof

**(a)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930. **(b)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930. **(c)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930. **(d)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— (1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act; (2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; (3) any final determination of the Secretary of Commerce under section 273 11 See References in Text note below. of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and (4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 ([19 U.S.C. 2401b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim)) 1 with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act. **(e)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trad

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

31 U.S.C. § 6101 — Definitions

In this chapter— (1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program. (2) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim). (3) “assistance”— (A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including— (i) financial assistance; (ii) United States Government facilities, services, and property; and (iii) expert and technical information; and (B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government. (4) “domestic assistance program”— (A) means assistance from an agency for— (i) a State; (ii) the District of Columbia; (iii) a territory or possession of the United States; (iv) a county; (v) a city; (vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A); (vii) a domestic corporation; (viii) a domestic institution; and (ix) an individual of the United States; and (B) does not include assistance from an agency for an agency. (5) “Director” means the Director of the Office of Management and Budget. (6) “Administrator” means the Administrator of General Services. (7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either— (A) a closed mathematical statement; or

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

19 U.S.C. § 66 — Rules and forms prescribed by Secretary

The Secretary of the Treasury shall prescribe forms of entries, oaths, bonds, and other papers, and rules and regulations not inconsistent with law, to be used in carrying out the provisions of law relating to raising revenue from imports, or to duties on imports, or to warehousing, and shall give such directions to customs officers and prescribe such rules and forms to be observed by them as may be necessary for the proper execution of the law.

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

19 U.S.C. § 4321 — Importer of record program

**(a) Establishment** Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers. **(b) Requirements** The Secretary shall ensure that, as part of the importer of record program, U.S. Customs and Border Protection— (1) develops criteria that importers must meet in order to obtain an importer of record number, including— (A) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to verify the existence of the importer requesting the importer of record number; (B) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers; and (C) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify changes in address and corporate structure of importers; (2) provides a process by which importers are assigned importer of record numbers; (3) maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer, and the information described in subparagraphs (A), (B), and (C) of paragraph (1); (4) evaluates and maintains the accuracy of the database if such information changes; and (5) takes measures to ensure that duplicate importer of record numbers are not issued. **(c) Report** Not later than one year after February 24, 2016, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record p

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

19 U.S.C. § 2077 — Advances for enforcement of customs provisions

The Commissioner of Customs,11 See Change of Name note below. with the approval of the Secretary of the Treasury, is authorized to direct the advance of funds by the Fiscal Service, Treasury Department, in connection with the enforcement of the customs laws.

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