19 U.S.C. § 3523 — Untitled legal text

Page 868 TITLE 19—CUSTOMS DUTIES § 3522 1466 of this title] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]. ‘‘(b) SECTION 115.—Section 115 [enacting section 3524 of this title] takes effect on the date of the enactment of this Act [Dec. 8, 1994].’’ Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 3522. Liquidation or reliquidation and refund of duty paid on certain entries (a) Liquidation or reliquidation Notwithstanding section 1514 of this title or any other provision of law, and subject to sub- section (b), the Secretary of the Treasury shall liquidate or reliquidate the entries listed or oth- erwise described in subsection (c) and refund any duty or excess duty that was paid, as provided in subsection (c). (b) Requests Liquidation or reliquidation may be made under subsection (a) with respect to an entry only if a request therefor is filed with the Cus- toms Service, within 180 days after the date on which the WTO Agreement enters into force with respect to the United States, that contains sufficient information to enable the Customs Service— (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Entries The entries referred to in subsection (a) are as follows: (1) Agglomerated stone tiles Any goods— (A) for which the importer claimed or would have claimed entry under subheading 6810.19.12 of the HTS on or after October 1, 1990, and before the effective date of a proc- lamation issued by the President under sec- tion 3513(a) of this title with respect to items under such subheading in order to carry out Schedule XX, or (B) entered on or after January 1, 1989, and before October 1, 1990, for which entry would have been claimed under subheading 6810.19.12 of the HTS on or after October 1, 1990, shall be liquidated or reliquidated as if the wording of that subheading were ‘‘Of stone ag- glomerated with binders other than cement’’, and the Secretary of the Treasury shall refund any excess duties paid with respect to such en- tries. (2) Clomiphene citrate (A) Any entry, or withdrawal from ware- house for consumption, of goods described in heading 9902.29.95 of the HTS (relating to clomiphene citrate) which was made after De- cember 31, 1988, and before January 1, 1993, and with respect to which there would have been no duty if the reference to subheading ‘‘2922.19.15’’ in such heading were a reference to subheading ‘‘2922.19.15 or any subheading of chapter 30’’ at the time of such entry or with- drawal, shall be liquidated or reliquidated as free of duty. (B) The Secretary of the Treasury shall re- fund any duties paid with respect to entries described in subparagraph (A). (Pub. L. 103–465, title I, § 113, Dec. 8, 1994, 108 Stat. 4826.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 116(a) of Pub. L. 103–465, set out as a note under section 3521 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 3523. Duty free treatment for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro- phenoxy)phenol The President— (1) shall proclaim duty-free entry for octa- decyl isocyanate and 5-Chloro-2-(2,4-dichloro- phenoxy)phenol, to be effective on the effec- tive date of the proclamation issued by the President under section 3513(a) of this title to carry out Schedule XX, and (2) shall take such actions as are necessary to reflect such tariff treatment in Schedule XX. (Pub. L. 103–465, title I, § 114(b), Dec. 8, 1994, 108 Stat. 4827.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 116(a) of Pub. L. 103–465, set out as a note under section 3521 of this title. Page 869 TITLE 19—CUSTOMS DUTIES § 3532 § 3524. Consultation and layover requirements for, and effective date of, proclaimed actions If a provision of this Act provides that the im- plementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such ac- tion may be proclaimed only if— (1) the President has obtained advice regard- ing the proposed action from— (A) the appropriate advisory committees established under section 2155 of this title, and (B) the International Trade Commission; (2) the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth— (A) the action proposed to be proclaimed and the reasons for such actions, and (B) the advice obtained under paragraph (1); (3) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of paragraphs (1) and (2) with respect to such action, has expired; and (4) the President has consulted with such committees regarding the proposed action dur- ing the period referred to in paragraph (3). (Pub. L. 103–465, title I, § 115, Dec. 8, 1994, 108 Stat. 4828.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3501 of this title and Tables. Executive Documents DELEGATION OF AUTHORITY Functions of President under this section delegated to the United States Trade Representative by par. (4) of Proc. No. 6969, Jan. 27, 1997, 62 F.R. 4417. Authority of President to perform certain functions in order to fulfill consultation and layover require- ments set forth in this section delegated to United States Trade Representative by Memorandum of Presi- dent of the United States, Sept. 29, 1995, 60 F.R. 52061, set out as a note under section 3311 of this title. PART C—URUGUAY ROUND IMPLEMENTATION AND DISPUTE SETTLEMENT § 3531. Definitions For purposes of this part: (1) Administering authority The term ‘‘administering authority’’ has the meaning given that term in section 1677(1) of this title. (2) Appellate Body The term ‘‘Appellate Body’’ means the Ap- pellate Body established under Article 17.1 of the Dispute Settlement Understanding. (3) Appropriate congressional committees; con- gressional committees (A) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the committees referred to in subparagraph (B) and any other commit- tees of the Congress that have jurisdiction involving the matter with respect to which consultations are to be held. (B) Congressional committees The term ‘‘congressional committees’’ means the Committee on Ways and Means of the House of Representatives and the Com- mittee on Finance of the Senate. (4) Dispute settlement panel; panel The terms ‘‘dispute settlement panel’’ and ‘‘panel’’ mean a panel established pursuant to Article 6 of the Dispute Settlement Under- standing. (5) Dispute Settlement Body The term ‘‘Dispute Settlement Body’’ means the Dispute Settlement Body administering the rules and procedures set forth in the Dis- pute Settlement Understanding. (6) Dispute Settlement Understanding The term ‘‘Dispute Settlement Under- standing’’ means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title. (7) General Council The term ‘‘General Council’’ means the Gen- eral Council established under paragraph 2 of Article IV of the WTO Agreement. (8) Ministerial Conference The term ‘‘Ministerial Conference’’ means the Ministerial Conference established under paragraph 1 of Article IV of the WTO Agree- ment. (9) Other terms The terms ‘‘Antidumping Agreement’’, ‘‘Agreement on Subsidies and Countervailing Measures’’, and ‘‘Safeguards Agreement’’ mean the agreements referred to in section 3511(d)(7), (12), and (13) of this title, respec- tively. (Pub. L. 103–465, title I, § 121, Dec. 8, 1994, 108 Stat. 4828.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 121 to 130) of title I of Pub. L. 103–465, which enacted this part, amended sections 1516a, 2155, and 2254 of this title, and enacted provisions set out below. For complete classification of subtitle C to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–465, title I, § 130, Dec. 8, 1994, 108 Stat. 4839, provided that: ‘‘This subtitle [subtitle C (§§ 121–130) of title I of Pub. L. 103–465, enacting this part and amend- ing sections 1516a, 2155, and 2254 of this title] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995).’’ § 3532. Implementation of Uruguay Round Agree- ments (a) Decisionmaking In the implementation of the Uruguay Round Agreements and the functioning of the World