19 U.S.C. § 2461 — Authority to extend preferences

Page 694 TITLE 19—CUSTOMS DUTIES § 2440 antees are extended or such agreement is in ef- fect. (c) Exemption from application of section This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tar- iff Schedules of the United States on January 3, 1975. (d) Additional exemption from application of sec- tion During any period that a waiver is in effect with respect to any nonmarket economy coun- try under section 2432(c) of this title, the provi- sions of subsections (a) and (b) shall not apply with respect to such country. (Pub. L. 93–618, title IV, § 409, Jan. 3, 1975, 88 Stat. 2064.) Editorial Notes REFERENCES IN TEXT The Tariff Schedules of the United States, referred to in subsec. (c), to be treated as a reference to the Har- monized Tariff Schedule, pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (b) of this section, see sec- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The Presi- dent. § 2440. Repealed. Pub. L. 104–295, § 17, Oct. 11, 1996, 110 Stat. 3524 Section, Pub. L. 93–618, title IV, § 410, Jan. 3, 1975, 88 Stat. 2065, related to establishment and maintenance of East-West Trade Statistics Monitoring System. § 2441. Repealed. Pub. L. 105–362, title XIV, § 1401(b)(2), Nov. 10, 1998, 112 Stat. 3294; Pub. L. 106–36, title I, § 1001(a)(4), June 25, 1999, 113 Stat. 130 Section, Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, related to East-West Foreign Trade Board. PART 2—RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION OF TRADE TO THE UNITED STATES MARKET §§ 2451 to 2451b. Omitted Editorial Notes CODIFICATION Sections 2451 to 2451b were omitted pursuant to sec- tion 2451b(c), which provided that this part ceased to be effective 12 years after the date of entry into force of the Protocol of Accession of the People’s Republic of China to the World Trade Organization, which date was Dec. 11, 2001. Section 2451, Pub. L. 93–618, title IV, § 421, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended Pub. L. 108–429, title II, § 2004(d)(3), Dec. 3, 2004, 118 Stat. 2592, related to action to address market disruption. Section 2451a, Pub. L. 93–618, title IV, § 422, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended Pub. L. 108–429, title II, § 2004(d)(4), Dec. 3, 2004, 118 Stat. 2592, related to action in response to trade diversion. Section 2451b, Pub. L. 93–618, title IV, § 423, as added Pub. L. 106–286, div. A, title I, § 103(a)(3), Oct. 10, 2000, 114 Stat. 890, related to regulations; termination of pro- vision. SUBCHAPTER V—GENERALIZED SYSTEM OF PREFERENCES § 2461. Authority to extend preferences The President may provide duty-free treat- ment for any eligible article from any bene- ficiary developing country in accordance with the provisions of this subchapter. In taking any such action, the President shall have due regard for— (1) the effect such action will have on fur- thering the economic development of devel- oping countries through the expansion of their exports; (2) the extent to which other major devel- oped countries are undertaking a comparable effort to assist developing countries by grant- ing generalized preferences with respect to im- ports of products of such countries; (3) the anticipated impact of such action on United States producers of like or directly competitive products; and (4) the extent of the beneficiary developing country’s competitiveness with respect to eli- gible articles. (Pub. L. 93–618, title V, § 501, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1917.) Editorial Notes PRIOR PROVISIONS A prior section 2461, Pub. L. 93–618, title V, § 501, Jan. 3, 1975, 88 Stat. 2066; Pub. L. 98–573, title V, § 502, Oct. 30, 1984, 98 Stat. 3018, related to authority to extend preferences, prior to the general amendment of this subchapter by Pub. L. 104–188. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–188, title I, § 1953, Aug. 20, 1996, 110 Stat. 1926, provided that: ‘‘(a) IN GENERAL.—The amendments made by this sub- title [subtitle J (§§ 1951–1954) of title I of Pub. L. 104–188, enacting this subchapter, amending sections 2702, 3011, 3202, 3331, and 3551 of this title, section 1444–2 of Title 7, Agriculture, section 4711 of Title 15, Commerce and Trade, sections 262p–4p and 2191a of Title 22, Foreign Relations and Intercourse, and section 871 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 2101 of this title] apply to arti- cles entered on or after October 1, 1996. ‘‘(b) RETROACTIVE APPLICATION.— ‘‘(1) GENERAL RULE.—Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other pro- vision of law and subject to subsection (c)— ‘‘(A) any article that was entered— ‘‘(i) after July 31, 1995, and ‘‘(ii) before January 1, 1996, and to which duty-free treatment under title V of the Trade Act of 1974 [this subchapter] would have ap- plied if the entry had been made on July 31, 1995, shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any duty paid with respect to such entry, and ‘‘(B) any article that was entered— Page 695 TITLE 19—CUSTOMS DUTIES § 2462 ‘‘(i) after December 31, 1995, and ‘‘(ii) before October 1, 1996, and to which duty-free treatment under title V of the Trade Act of 1974 [this subchapter] (as amended by this subtitle) would have applied if the entry had been made on or after October 1, 1996, shall be liq- uidated or reliquidated as free of duty, and the Sec- retary of the Treasury shall refund any duty paid with respect to such entry. ‘‘(2) LIMITATION ON REFUNDS.—No refund shall be made pursuant to this subsection before October 1, 1996. ‘‘(3) ENTRY.—As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption. ‘‘(c) REQUESTS.—Liquidation or reliquidation may be made under subsection (b) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act [Aug. 20, 1996], that contains sufficient in- formation to enable the Customs Service— ‘‘(1) to locate the entry; or ‘‘(2) to reconstruct the entry if it cannot be lo- cated.’’ § 2462. Designation of beneficiary developing countries (a) Authority to designate countries (1) Beneficiary developing countries The President is authorized to designate countries as beneficiary developing countries for purposes of this subchapter. (2) Least-developed beneficiary developing countries The President is authorized to designate any beneficiary developing country as a least-de- veloped beneficiary developing country for purposes of this subchapter, based on the con- siderations in section 2461 of this title and sub- section (c) of this section. (b) Countries ineligible for designation (1) Specific countries The following countries may not be des- ignated as beneficiary developing countries for purposes of this subchapter: (A) Australia. (B) Canada. (C) European Union member states. (D) Iceland. (E) Japan. (F) Monaco. (G) New Zealand. (H) Norway. (I) Switzerland. (2) Other bases for ineligibility The President shall not designate any coun- try a beneficiary developing country under this subchapter if any of the following applies: (A) Such country is a Communist country, unless— (i) the products of such country receive nondiscriminatory treatment, (ii) such country is a WTO Member (as such term is defined in section 3501(10) of this title) and a member of the Inter- national Monetary Fund, and (iii) such country is not dominated or controlled by international communism. (B) Such country is a party to an arrange- ment of countries and participates in any action pursuant to such arrangement, the ef- fect of which is— (i) to withhold supplies of vital com- modity resources from international trade or to raise the price of such commodities to an unreasonable level, and (ii) to cause serious disruption of the world economy. (C) Such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce. (D)(i) Such country— (I) has nationalized, expropriated, or otherwise seized ownership or control of property, including patents, trademarks, or copyrights, owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citi- zens, (II) has taken steps to repudiate or nul- lify an existing contract or agreement with a United States citizen or a corpora- tion, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property, in- cluding patents, trademarks, or copy- rights, so owned, or (III) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other meas- ures with respect to property, including patents, trademarks, or copyrights, so owned, the effect of which is to nation- alize, expropriate, or otherwise seize own- ership or control of such property, unless clause (ii) applies. (ii) This clause applies if the President de- termines that— (I) prompt, adequate, and effective com- pensation has been or is being made to the citizen, corporation, partnership, or asso- ciation referred to in clause (i), (II) good faith negotiations to provide prompt, adequate, and effective compensa- tion under the applicable provisions of international law are in progress, or the country described in clause (i) is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or (III) a dispute involving such citizen, corporation, partnership, or association over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Set- tlement of Investment Disputes, or in an- other mutually agreed upon forum, and the President promptly furnishes a copy of such determination to the Senate and House of Representatives. (E) Such country fails to act in good faith in recognizing as binding or in enforcing ar- bitral awards in favor of United States citi- zens or a corporation, partnership, or asso-