19 U.S.C. § 2518 — Definitions

Page 742 TITLE 19—CUSTOMS DUTIES § 2518 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title. Executive Documents CHANGE OF NAME ‘‘United States Trade Representative’’ substituted in text for ‘‘Special Representative for Trade Negotia- tions’’ pursuant to Reorg. Plan No. 3 of 1979, § 1(1)(b), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97–456. § 2518. Definitions As used in this subchapter— (1) Agreement The term ‘‘Agreement’’ means the Agree- ment on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are ac- cepted by the United States. (2) Civil aircraft The term ‘‘civil aircraft and related arti- cles’’ means— (A) all aircraft other than aircraft to be purchased for use by the Department of De- fense or the United States Coast Guard; (B) the engines (and parts and components for incorporation therein) of such aircraft; (C) any other parts, components, and subassemblies for incorporation in such air- craft; and (D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft, whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without re- gard to whether such aircraft or articles re- ceive duty-free treatment pursuant to section 601(a)(2). (3) Developed countries The term ‘‘developed countries’’ means countries so designated by the President. (4) Eligible product (A) In general The term ‘‘eligible product’’ means, with respect to any foreign country or instrumen- tality that is— (i) a party to the Agreement, a product or service of that country or instrumen- tality which is covered under the Agree- ment for procurement by the United States; (ii) Mexico, as a party to the USMCA (as defined in section 4502 of this title), a prod- uct or service of that country or instru- mentality which is covered under the USMCA for procurement by the United States; (iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States; (iv) a party to the Dominican Republic- Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is cov- ered under that Agreement for procure- ment by the United States; (v) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States; (vi) a party to the United States-Oman Free Trade Agreement, a product or serv- ice of that country or instrumentality which is covered under that Agreement for procurement by the United States; (vii) a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; (viii) a party to the United States–Korea Free Trade Agreement, a product or serv- ice of that country or instrumentality which is covered under that agreement for procurement by the United States; (ix) a party to the United States–Colombia Trade Promotion Agree- ment, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or (x) a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States. (B) Rule of origin An article is a product of a country or in- strumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. (C) Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions The term ‘‘eligible product’’ includes a product or service of Israel for which the United States is obligated to waive Buy Na- tional restrictions under— (i) the Agreement on the Establishment of a Free Trade Area between the Govern- ment of the United States of America and Page 743 TITLE 19—CUSTOMS DUTIES § 2518 the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or (ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable thresh- old for entities covered by the Agreement. (D) Lowered threshold for certain products as a consequence of United States-Can- ada Free-Trade Agreement Except as otherwise agreed by the United States and Canada under paragraph 3 of arti- cle 1304 of the United States-Canada Free- Trade Agreement, the term ‘‘eligible prod- uct’’ includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresh- olds provided for in the Agreement. (5) Instrumentality The term ‘‘instrumentality’’ shall not be construed to include an agency or division of the government of a country, but may be con- strued to include such arrangements as the European Economic Community. (6) Least developed country The term ‘‘least developed country’’ means any country on the United Nations General Assembly list of least developed countries. (7) Major industrial country The term ‘‘major industrial country’’ means any such country as defined in section 2136 of this title and any instrumentality of such a country. (Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241; Pub. L. 99–47, § 7, June 11, 1985, 99 Stat. 84; Pub. L. 100–449, title III, § 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103–182, title III, § 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(12), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108–286, title IV, § 401, Aug. 3, 2004, 118 Stat. 950; Pub. L. 109–53, title IV, § 401, Aug. 2, 2005, 119 Stat. 495; Pub. L. 109–169, title IV, § 401, Jan. 11, 2006, 119 Stat. 3599; Pub. L. 109–283, title IV, § 401, Sept. 26, 2006, 120 Stat. 1209; Pub. L. 110–138, title IV, § 401, Dec. 14, 2007, 121 Stat. 1486; Pub. L. 112–41, title IV, § 401, Oct. 21, 2011, 125 Stat. 459; Pub. L. 112–42, title IV, § 401, Oct. 21, 2011, 125 Stat. 494; Pub. L. 112–43, title IV, § 401, Oct. 21, 2011, 125 Stat. 529; Pub. L. 116–113, title V, § 505(b), Jan. 29, 2020, 134 Stat. 77.) AMENDMENT OF SECTION For termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–42, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–41, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Ter- mination Dates of 2007 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 109–283, see Effective and Ter- mination Dates of 2006 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 109–169, see Effective and Ter- mination Dates of 2006 Amendment note below. For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Ter- mination Dates of 2005 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Ter- mination Dates of 2004 Amendment note below. For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes REFERENCES IN TEXT Section 601(a)(2), referred to in par. (2), is section 601(a)(2) of Pub. L. 96–39 title VI, July 26, 1979, 93 Stat. 267, which directed a duty rate of ‘‘Free’’ in the rate column numbered 1 of the Tariff Schedules of the United States for articles classified under specified items between 518.51 and 772.65 which the President de- termines would provide coverage comparable to that provided by foreign countries in the Annex to the Agreement on Trade in Civil Aircraft if such articles were certified for use in civil aircraft in accordance with headnote 3 to schedule 6, part 6, subpart C of the Tariff Schedules of the United States. The Tariff Schedules of the United States were replaced by the Harmonized Tariff Schedule of the United States, which is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of the title. AMENDMENTS 2020—Par. (4)(A)(ii). Pub. L. 116–113 substituted ‘‘Mex- ico, as a party to the USMCA (as defined in section 4502 of this title),’’ for ‘‘a party to the North American Free Trade Agreement,’’ and ‘‘the USMCA for’’ for ‘‘the North American Free Trade Agreement for’’. 2011—Par. (4)(A)(viii). Pub. L. 112–41, §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termi- nation Dates of 2011 Amendment note below. Par. (4)(A)(ix). Pub. L. 112–42, §§ 107(c), 401, tempo- rarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below. Par. (4)(A)(x). Pub. L. 112–43, §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below. 2007—Par. (4)(A)(vii). Pub. L. 110–138, §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termi- nation Dates of 2007 Amendment note below. 2006—Par. (4)(A)(v). Pub. L. 109–169, §§ 106(c), 401, tem- porarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below. Par. (4)(A)(vi). Pub. L. 109–283, §§ 107(c), 401, tempo- rarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below. 2005—Par. (4)(A)(iv). Pub. L. 109–53, §§ 107(d), 401, tem- porarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below. 2004—Par.(4)(A)(iii). Pub. L. 108–286, §§ 106(c), 401, tem- porarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below. 1996—Par. (4)(D). Pub. L. 104–295 substituted ‘‘under the Agreement’’ for ‘‘under the the Agreement’’. 1994—Par. (1). Pub. L. 103–465, § 342(f)(1), substituted ‘‘section 3511(d)(17) of this title’’ for ‘‘section 2503(c) of this title’’. Par. (4)(C). Pub. L. 103–465, § 342(f)(2)(A), substituted ‘‘for which the United States is obligated to waive Buy National restrictions under—’’ and cls. (i) and (ii) for ‘‘having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Gov- ernment of the United States of America and the Gov- Page 744 TITLE 19—CUSTOMS DUTIES § 2531 ernment of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement.’’ Par. (4)(D). Pub. L. 103–465, § 342(f)(2)(B), substituted ‘‘the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.’’ for ‘‘GATT Agreement on Government Procurement, but for the SDR threshold provided for in article I(1)(b) of the GATT Agreement on Government Procurement.’’ 1993—Par. (4)(A). Pub. L. 103–182 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as fol- lows: ‘‘The term ‘eligible product’ means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States.’’ 1988—Par. (4)(D). Pub. L. 100–449 temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below. 1985—Par. (4)(C). Pub. L. 99–47 added subpar. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020) and applicable with respect to a procurement on or after that date, see section 505(c) of Pub. L. 116–113, set out as a note under section 2511 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 AMENDMENT Amendment by Pub. L. 112–43 effective Oct. 21, 2011, applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012), and to cease to be effec- tive on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–43, set out in a note under sec- tion 3805 of this title. Amendment by Pub. L. 112–42 effective Oct. 21, 2011, applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (May 15, 2012), and to cease to be effec- tive on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–42, set out in a note under sec- tion 3805 of this title. Amendment by Pub. L. 112–41 effective Oct. 21, 2011, applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2007 AMENDMENT Amendment by Pub. L. 110–138 effective on the date the United States-Peru Trade Promotion Agreement enters into force (Feb. 1, 2009) and to cease to be effec- tive on the date the Agreement ceases to be in force, see section 107(a), (c) of Pub. L. 110–138, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT Amendment by Pub. L. 109–283 effective on the date on which the United States-Oman Free Trade Agree- ment enters into force (Jan. 1, 2009) and to cease to be effective on the date on which the Agreement termi- nates, see section 107(a), (c) of Pub. L. 109–283, set out in a note under section 3805 of this title. Amendment by Pub. L. 109–169 effective on the date on which the United States-Bahrain Free Trade Agree- ment enters into force (Aug. 1, 2006) and to cease to be effective on the date on which the Agreement termi- nates, see section 106(a), (c) of Pub. L. 109–169, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title. EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENT Amendment by Pub. L. 108–286 effective on the date on which the United States-Australia Free Trade Agreement enters into force (Jan. 1, 2005) and to cease to be effective on the date on which the Agreement ter- minates, see section 106(a), (c) of Pub. L. 108–286, set out in a note under section 3805 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 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 381(e) of Pub. L. 103–182, formerly set out as a note under section 2511 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—TECHNICAL BARRIERS TO TRADE (STANDARDS) PART A—OBLIGATIONS OF THE UNITED STATES § 2531. Certain standards-related activities (a) No bar to engaging in standards activity Nothing in this subchapter may be construed— (1) to prohibit a Federal agency from engag- ing in activity related to standards-related measures, including any such measure relat- ing to safety, the protection of human, ani- mal, or plant life or health, the environment, or consumers; or (2) to limit the authority of a Federal agen- cy to determine the level it considers appro- priate of safety or of protection of human, ani- mal, or plant life or health, the environment, or consumers.