19 U.S.C. § 4453 — Report on compliance with prohibition on

Page 1122 TITLE 19—CUSTOMS DUTIES § 4453 1 See References in Text note below. tution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organiza- tion, or group, and any governmental enti- ty operating as a business enterprise; and (iii) any successor to any entity de- scribed in clause (ii). (B) Application to governmental entities The term ‘‘person’’ does not include a gov- ernment or governmental entity that is not operating as a business enterprise. (7) United States person The term ‘‘United States person’’ means— (A) a natural person who is a national of the United States (as defined in section 1101(a)(22) of title 8); or (B) a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons de- scribed in subparagraph (A) own, directly or indirectly, more than 50 percent of the out- standing capital stock or other beneficial in- terest in such legal entity. (Pub. L. 114–125, title IX, § 909, Feb. 24, 2016, 130 Stat. 236.) Editorial Notes REFERENCES IN TEXT The United States-Israel Enhanced Security Coopera- tion Act of 2012, referred to in subsec. (a)(5), is Pub. L. 112–150, July 27, 2012, 126 Stat. 1146, which is classified principally to chapter 93 (§ 8601 et seq.) of Title 22, For- eign Relations and Intercourse. For complete classi- fication of this Act to the Code, see Short Title note set out under section 8601 of Title 22 and Tables. The United States-Israel Strategic Partnership Act of 2014, referred to in subsec. (a)(5), is Pub. L. 113–296, Dec. 19, 2014, 128 Stat. 4075. For complete classification of this Act to the Code, see Short Title of 2014 Amend- ment note set out under section 8601 of Title 22, For- eign Relations and Intercourse, and Tables. The Export Administration Act of 1979, referred to in subsec. (a)(6)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The International Emergency Economic Powers Act, referred to in subsec. (a)(6)(B), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Tax Reform Act of 1976, referred to in subsec. (a)(6)(C), is Pub. L. 94–455, Oct. 4, 1976, 90 Stat. 1520. For complete classification of this Act to the Code, see Ta- bles. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (d) of this sec- tion assigned to Secretary of State, in consultation with other relevant Federal agencies, see Ex. Ord. No. 13733, § 1(b), July 22, 2016, 81 F.R. 49515, set out as a note under section 4421 of this title. § 4453. Report on compliance with prohibition on importation of goods made with convict, forced, or indentured labor Not later than 180 days after February 24, 2016, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Sen- ate and the Committee on Ways and Means of the House of Representatives a report on com- pliance with section 1307 of this title that in- cludes the following: (1) The number of instances in which mer- chandise was denied entry pursuant to that section during the 1-year period preceding the submission of the report. (2) A description of the merchandise denied entry pursuant to that section. (3) Such other information as the Commis- sioner considers appropriate with respect to monitoring and enforcing compliance with that section. (Pub. L. 114–125, title IX, § 910(b), Feb. 24, 2016, 130 Stat. 239.) § 4454. Trade preferences for Nepal (a) Findings Congress makes the following findings: (1) Nepal is among the least developed coun- tries in the world, with a per capita gross na- tional income of $730 in 2014. (2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured. (b) Eligibility requirements (1) In general The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the Presi- dent determines— (A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 1 of this title; and (B) after taking into account the factors set forth in paragraphs (1) through (7) of sub- section (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the eligibility requirements of such section 502. (2) Withdrawal, suspension, or limitation of preferential treatment; mandatory gradua- tion The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.). (c) Eligible articles (1) In general An article described in paragraph (2) may enter the customs territory of the United States free of duty.