19 U.S.C. § 1628a — Exchange of information related to trade

Page 313 TITLE 19—CUSTOMS DUTIES § 1629 1993—Subsec. (c). Pub. L. 103–182 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT; RETENTION OF AUTHORITY TO EXCHANGE INFORMATION Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after that date, see section 209(d) of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1304 of this title. Pub. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat. 53, provided that: ‘‘Notwithstanding the amendment made by subsection (c) [amending this section], the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 [19 U.S.C. 1628(c)] (as in effect on the day before the date on which the USMCA enters into force [July 1, 2020]) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3301] (as in effect on the day before the date on which the USMCA enters into force)).’’ [For definition of ‘‘USMCA’’ as used in section 209(e) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 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. § 1628a. Exchange of information related to trade enforcement (a) In general Subject to subsections (c) and (d), if the Com- missioner of U.S. Customs and Border Protec- tion suspects that merchandise is being im- ported into the United States in violation of sec- tion 1526 of this title or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the ex- amination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the mer- chandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing— (1) shall provide to the person information that appears on the merchandise and its pack- aging and labels, including unredacted images of the merchandise and its packaging and la- bels; and (2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise. (b) Person described A person described in this subsection is— (1) in the case of merchandise suspected of being imported in violation of section 1526 of this title, the owner of the trademark sus- pected of being copied or simulated by the merchandise; (2) in the case of merchandise suspected of being imported in violation of section 602 of title 17, the owner of the copyright suspected of being infringed by the merchandise; (3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being im- ported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and (4) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being im- ported in violation of section 1201(b)(1) of that title, the owner of the copyright. (c) Limitation Subsection (a) applies only with respect to merchandise suspected of infringing a trade- mark or copyright that is recorded with U.S. Customs and Border Protection. (d) Exception The Commissioner may not provide under sub- section (a) information, photographs, or samples to a person described in subsection (b) if pro- viding such information, photographs, or sam- ples would compromise an ongoing law enforce- ment investigation or national security. (June 17, 1930, ch. 497, title IV, § 628A, as added Pub. L. 114–125, title III, § 302(a), Feb. 24, 2016, 130 Stat. 149.) § 1629. Inspections and preclearance in foreign countries (a) In general When authorized by treaty or executive agree- ment, the Secretary may station customs offi- cers in foreign countries for the purpose of ex- amining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States. (b) Functions and duties Customs officers stationed in a foreign coun- try under subsection (a) may exercise such func- tions and perform such duties (including inspec- tions, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. (c) Compliance The Secretary may by regulation require com- pliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the impor- tation or exportation of merchandise, filing of false statements, and the unlawful removal of