19 U.S.C. § 2441 — Repealed. Pub. L. 105–362, title XIV,

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 Repealed.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 Repealed.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—