19 U.S.C. § 4002 — Definitions

Page 1036 TITLE 19—CUSTOMS DUTIES § 4001 TERMINATION OF CHAPTER For termination of chapter by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note set out under section 4001 of this title. § 4001. Purposes The purposes of this chapter are— (1) to approve and implement the Free Trade Agreement between the United States, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua entered into under the authority of section 3803(b) of this title; (2) to strengthen and develop economic rela- tions between the United States, Costa Rica, the Dominican Republic, El Salvador, Guate- mala, Honduras, and Nicaragua for their mu- tual benefit; (3) to establish free trade between the United States, Costa Rica, the Dominican Re- public, El Salvador, Guatemala, Honduras, and Nicaragua through the reduction and elimi- nation of barriers to trade in goods and serv- ices and to investment; and (4) to lay the foundation for further coopera- tion to expand and enhance the benefits of the Agreement. (Pub. L. 109–53, § 2, Aug. 2, 2005, 119 Stat. 463.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Pub. L. 109–53, title I, § 107, Aug. 2, 2005, 119 Stat. 466, provided that: ‘‘(a) EFFECTIVE DATES.—Except as provided in sub- section (b), the provisions of this Act [see Short Title note set out below] and the amendments made by this Act take effect on the date the Agreement [Dominican Republic-Central America-United States Free Trade Agreement] enters into force [Mar. 1, 2006]. ‘‘(b) EXCEPTIONS.—Sections 1 through 3 and this title [enacting this section, section 4002 of this title, and provisions set out as a note below] take effect on the date of the enactment of this Act [Aug. 2, 2005]. ‘‘(c) TERMINATION OF CAFTA–DR STATUS.—During any period in which a country ceases to be a CAFTA–DR country, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to have effect with respect to that country. ‘‘(d) TERMINATION OF THE AGREEMENT.—On the date on which the Agreement ceases to be in force with re- spect to the United States, the provisions of this Act (other than this subsection) and the amendments made by this Act shall cease to have effect.’’ [For definition of ‘‘CAFTA–DR country’’ as used in section 107(c) of Pub. L. 109–53, set out above, see sec- tion 4002 of this title.] SHORT TITLE Pub. L. 109–53, § 1(a), Aug. 2, 2005, 119 Stat. 462, pro- vided that: ‘‘This Act [enacting this chapter, amending sections 58c, 1508, 1514, 1520, 1592, 2252, 2518, 2702, and 2703 of this title, and enacting provisions set out as notes under this section and section 2702 of this title] may be cited as the ‘Dominican Republic-Central America-United States Free Trade Agreement Imple- mentation Act’.’’ § 4002. Definitions In this chapter: (1) Agreement The term ‘‘Agreement’’ means the Domini- can Republic-Central America-United States Free Trade Agreement approved by the Con- gress under section 4011(a)(1) of this title. (2) CAFTA–DR country Except as provided in section 4033 of this title, the term ‘‘CAFTA–DR country’’ means— (A) Costa Rica, for such time as the Agree- ment is in force between the United States and Costa Rica; (B) the Dominican Republic, for such time as the Agreement is in force between the United States and the Dominican Republic; (C) El Salvador, for such time as the Agreement is in force between the United States and El Salvador; (D) Guatemala, for such time as the Agree- ment is in force between the United States and Guatemala; (E) Honduras, for such time as the Agree- ment is in force between the United States and Honduras; and (F) Nicaragua, for such time as the Agree- ment is in force between the United States and Nicaragua. (3) Commission The term ‘‘Commission’’ means the United States International Trade Commission. (4) HTS The term ‘‘HTS’’ means the Harmonized Tariff Schedule of the United States. (5) Textile or apparel good The term ‘‘textile or apparel good’’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title, other than a good listed in Annex 3.29 of the Agreement. (Pub. L. 109–53, § 3, Aug. 2, 2005, 119 Stat. 463.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. The Harmonized Tariff Schedule of the United States, referred to in par. (4), is not set out in the Code. See Page 1037 TITLE 19—CUSTOMS DUTIES § 4012 Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective Aug. 2, 2005, and to cease to have ef- fect on date Dominican Republic-Central America- United States Free Trade 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 a note under section 4001 of this title. SUBCHAPTER I—APPROVAL OF, AND GEN- ERAL PROVISIONS RELATING TO, THE AGREEMENT § 4011. Approval and entry into force of the Agreement (a) Approval of Agreement and statement of ad- ministrative action Pursuant to section 3805 of this title and sec- tion 2191 of this title, the Congress approves— (1) the Dominican Republic-Central Amer- ica-United States Free Trade Agreement en- tered into on August 5, 2004, with the Govern- ments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nica- ragua, and submitted to the Congress on June 23, 2005; and (2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on June 23, 2005. (b) Conditions for entry into force of the Agree- ment At such time as the President determines that countries listed in subsection (a)(1) have taken measures necessary to comply with the provi- sions of the Agreement that are to take effect on the date on which the Agreement enters into force, the President is authorized to provide for the Agreement to enter into force with respect to those countries that provide for the Agree- ment to enter into force for them. (Pub. L. 109–53, title I, § 101, Aug. 2, 2005, 119 Stat. 464.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the 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 a note under section 4001 of this title. § 4012. Relationship of the Agreement to United States and State law (a) Relationship of Agreement to United States law (1) United States law to prevail in conflict No provision of the Agreement, nor the ap- plication of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect. (2) Construction Nothing in this chapter shall be construed— (A) to amend or modify any law of the United States, or (B) to limit any authority conferred under any law of the United States, unless specifically provided for in this chapter. (b) Relationship of Agreement to State law (1) Legal challenge No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agree- ment, except in an action brought by the United States for the purpose of declaring such law or application invalid. (2) Definition of State law For purposes of this subsection, the term ‘‘State law’’ includes— (A) any law of a political subdivision of a State; and (B) any State law regulating or taxing the business of insurance. (c) Effect of Agreement with respect to private remedies No person other than the United States— (1) shall have any cause of action or defense under the Agreement or by virtue of congres- sional approval thereof; or (2) may challenge, in any action brought under any provision of law, any action or inac- tion by any department, agency, or other in- strumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is incon- sistent with the Agreement. (Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree-