19 U.S.C. § 1507 — Tare and draft

Page 208 TITLE 19—CUSTOMS DUTIES § 1507 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. § 1507. Tare and draft (a) In general The Secretary of the Treasury is authorized to prescribe and issue regulations for the ascer- tainment of tare upon imported merchandise, including the establishment of reasonable and just schedule tares therefor, but (except as oth- erwise provided in this section) there shall not be any allowance for draft or for impurities, other than excessive moisture and impurities not usually found in or upon such or similar merchandise. (b) Crude oil and petroleum products In ascertaining tare on imports of crude oil, and on imports of petroleum products, allow- ance shall be made for all detectable moisture and impurities present in, or upon, the imported crude oil or petroleum products. (June 17, 1930, ch. 497, title IV, § 507, 46 Stat. 732; Pub. L. 100–418, title I, § 1902(a), Aug. 23, 1988, 102 Stat. 1312.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 506, 42 Stat. 968. That section was superseded by section 507 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. A prior provision relative to the allowance of tare, prohibiting any allowance for draught, was contained in R.S. § 2898, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1988—Pub. L. 100–418 designated existing provision as subsec. (a), substituted ‘‘(except as otherwise provided in this section) there shall not be’’ for ‘‘in no case shall there be’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1902(b), Aug. 23, 1988, 102 Stat. 1313, as amended by Pub. L. 100–647, title IX, § 9001(a)(18), Nov. 10, 1988, 102 Stat. 3808, provided that: ‘‘The amendment made by this section [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, after Oc- tober 1, 1988.’’ § 1508. Recordkeeping (a) Requirements Any— (1) owner, importer, consignee, importer of record, entry filer, or other party who— (A) imports merchandise into the customs territory of the United States, files a draw- back claim, or transports or stores merchan- dise carried or held under bond, or (B) knowingly causes the importation or transportation or storage of merchandise carried or held under bond into or from the customs territory of the United States; (2) agent of any party described in paragraph (1); or (3) person whose activities require the filing of a declaration or entry, or both; shall make, keep, and render for examination and inspection records (which for purposes of this section include, but are not limited to, statements, declarations, documents and elec- tronically generated or machine readable data) which— (A) pertain to any such activity, or to the information contained in the records required by this chapter in connection with any such activity; and (B) are normally kept in the ordinary course of business. (b) Exports and imports relating to USMCA countries (1) Definitions In this subsection: (A) USMCA; USMCA country The terms ‘‘USMCA’’ and ‘‘USMCA coun- try’’ have the meanings given those terms in section 4502 of this title. (B) USMCA certification of origin The term ‘‘USMCA certification of origin’’ means the certification established under ar- ticle 5.2.1 of the USMCA that a good quali- fies as an originating good under the USMCA. (2) Exports to USMCA countries Any person who completes a USMCA certifi- cation of origin or provides a written represen- tation for a good exported from the United States to a USMCA country shall make, keep, and, pursuant to rules and regulations pre- scribed by the Secretary of the Treasury, render for examination and inspection, all records and supporting documents related to the origin of the good (including the certifi- cation or copies thereof), including records re- lated to— (A) the purchase, cost, value, and shipping of, and payment for, the good; (B) the purchase, cost, value, and shipping of, and payment for, all materials, including indirect materials, used in the production of the good; and (C) the production of the good in the form in which it was exported or the production of the material in the form in which it was sold. (3) Exports under the Canadian Agreement Any person who exports, or who knowingly causes to be exported, any merchandise to Canada during such time as the United States- Canada Free-Trade Agreement is in force with respect to, and the United States applies that Agreement to, Canada shall make, keep, and render for examination and inspection such records (including certifications of origin or copies thereof) which pertain to the expor- tations. (4) Imports into the United States (A) In general Any importer who claims preferential tar- iff treatment under the USMCA for a good imported into the United States from a USMCA country shall make, keep, and, pur- suant to rules and regulations prescribed by