19 U.S.C. § 3206 — Termination of preferential treatment

Page 846 TITLE 19—CUSTOMS DUTIES § 3204 L. 107–210 (see Tables for classification), was suspended effective Dec. 15, 2008. § 3204. International Trade Commission reports on impact of this chapter (a) Reporting requirements (1) In general The United States International Trade Com- mission (in this section referred to as the ‘‘Commission’’) shall submit to Congress and the President biennial reports regarding the economic impact of this chapter on United States industries and consumers, and, in con- junction with other agencies, the effectiveness of this chapter in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries. (2) Submission During the period that this chapter is in ef- fect, the report required by paragraph (1) shall be submitted on December 31 of each year that the report required by section 2704 of this title is not submitted. (3) Treatment of Puerto Rico, etc. For purposes of this section, industries in the Commonwealth of Puerto Rico and the in- sular possessions of the United States are con- sidered to be United States industries. (b) Report requirements (1) Each report required under subsection (a) shall include, but not be limited to, an assess- ment by the Commission regarding— (A) the actual effect, during the period cov- ered by the report, of this chapter on the United States economy generally as well as on those specific domestic industries which produce articles that are like, or directly com- petitive with, articles being imported into the United States from beneficiary countries; (B) the probable future effect that this chap- ter will have on the United States economy generally, as well as on such domestic indus- tries, before the provisions of this chapter ter- minate; and (C) the estimated effect that this chapter has had on the drug-related crop eradication and crop substitution efforts of the beneficiary countries. (2) In preparing the assessments required under paragraph (1), the Commission shall, to the extent practicable— (A) analyze the production, trade and con- sumption of United States products affected by this chapter, taking into consideration em- ployment, profit levels, and use of productive facilities with respect to the domestic indus- tries concerned, and such other economic fac- tors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obso- lescence of equipment, and diversification of production; and (B) describe the nature and extent of any significant change in employment, profit lev- els, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned, which it be- lieves are attributable to this chapter. (c) Submission dates; public comment (1) Each report required under subsection (a) shall be submitted to the Congress before the close of the 9-month period beginning on the day after the last day of the period covered by the report. (2) The Commission shall provide an oppor- tunity for the submission by the public, either orally or in writing, or both, of information re- lating to matters that will be addressed in the reports. (Pub. L. 102–182, title II, § 206, Dec. 4, 1991, 105 Stat. 1243; Pub. L. 106–200, title II, § 211(d)(2), May 18, 2000, 114 Stat. 287.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–200 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The United States International Trade Commission (hereinafter in this section referred to as the ‘Commission’) shall prepare, and submit to the Congress, a report regarding the economic impact of this chapter on United States industries and con- sumers, and, in conjunction with other agencies, the ef- fectiveness of this chapter in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries, during— ‘‘(1) the 24-month period beginning with December 4, 1991; and ‘‘(2) each calendar year occurring thereafter until duty-free treatment under this chapter is terminated under section 3206(b) of this title. For purposes of this section, industries in the Common- wealth of Puerto Rico and the insular possessions of the United States shall be considered to be United States industries.’’ § 3205. Repealed. Pub. L. 113–188, title XII, § 1201, Nov. 26, 2014, 128 Stat. 2023 Section, Pub. L. 102–182, title II, § 207, Dec. 4, 1991, 105 Stat. 1244, required impact studies and annual reports from the Secretary of Labor. § 3206. Termination of preferential treatment (a) In general No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall— (1) remain in effect— (A) with respect to Colombia after July 31, 2013; and (B) with respect to Peru after December 31, 2010; (2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treat- ment and other preferential treatment under this chapter shall remain in effect with re- spect to Ecuador during the period beginning on July 1, 2009, and ending on July 31, 2013, un- less the President reviews the criteria set forth in section 3202 of this title, and on or be- fore June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representa- tives pursuant to subsection (b) that— (A) the President has determined that Ec- uador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and Page 847 TITLE 19—CUSTOMS DUTIES § 3206 (B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and (3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treat- ment and other preferential treatment under this chapter shall remain in effect with re- spect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Represent- atives pursuant to subsection (b) that— (A) the President has determined that Bo- livia satisfies the requirements set forth in section 3202(c) of this title for being des- ignated as a beneficiary country; and (B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title. (b) Reports On or before June 30, 2009, the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Com- mittee on Finance of the Senate and the Com- mittee on Ways and Means of the House of Rep- resentatives on— (1) such determinations; and (2) the reasons for such determinations. (Pub. L. 102–182, title II, § 208, Dec. 4, 1991, 105 Stat. 1244; Pub. L. 107–210, div. C, title XXXI, § 3104(a), Aug. 6, 2002, 116 Stat. 1034; Pub. L. 109–432, div. D, title VII, § 7002, Dec. 20, 2006, 120 Stat. 3194; Pub. L. 110–42, § 1, June 30, 2007, 121 Stat. 235; Pub. L. 110–191, § 2(a), Feb. 29, 2008, 122 Stat. 646; Pub. L. 110–436, § 1(a), Oct. 16, 2008, 122 Stat. 4976; Pub. L. 111–124, § 2(a), Dec. 28, 2009, 123 Stat. 3484; Pub. L. 111–344, title II, § 201(a), (b), Dec. 29, 2010, 124 Stat. 3616; Pub. L. 112–42, title V, § 501(a), Oct. 21, 2011, 125 Stat. 494.) Editorial Notes AMENDMENTS 2011—Subsec. (a)(1)(A), (2). Pub. L. 112–42 substituted ‘‘July 31, 2013’’ for ‘‘February 12, 2011’’. 2010—Subsec. (a)(1). Pub. L. 111–344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘remain in effect with respect to Colombia or Peru after December 31, 2010;’’. Subsec. (a)(2). Pub. L. 111–344, § 201(b), substituted ‘‘February 12, 2011’’ for ‘‘December 31, 2010’’ in introduc- tory provisions. 2009—Subsec. (a)(1), (2). Pub. L. 111–124 substituted ‘‘December 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: ‘‘No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after December 31, 2008.’’ Pub. L. 110–191 substituted ‘‘December 31, 2008’’ for ‘‘February 29, 2008’’. 2007—Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section, substituted ‘‘No’’ for ‘‘Subject to subsection (b), no’’ and ‘‘February 29, 2008’’ for ‘‘June 30, 2007’’, and struck out subsec. (b), which provided for certain conditional extensions. 2006—Pub. L. 109–432 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Subject to subsection (b), no’’ for ‘‘No’’ and ‘‘June 30, 2007’’ for ‘‘December 31, 2006’’, and added subsec. (b). 2002—Pub. L. 107–210 substituted ‘‘Termination of preferential treatment’’ for ‘‘Effective date and termi- nation of duty-free treatment’’ in section catchline and amended text generally, substituting provisions estab- lishing a termination date of Dec. 31, 2006, for pref- erential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and re- liquidations, see section 501(c) of Pub. L. 112–42, set out in a note under section 3805 of this title. RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS Pub. L. 107–210, div. C, title XXXI, § 3104(b), Aug. 6, 2002, 116 Stat. 1034, provided that: ‘‘(1) IN GENERAL.—Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, and subject to paragraph (3), the entry— ‘‘(A) of any article to which duty-free treatment (or preferential treatment) under the Andean Trade Pref- erence Act (19 U.S.C. 3201 et seq.) would have applied if the entry had been made on December 4, 2001, and ‘‘(B) that was made after December 4, 2001, and be- fore the date of the enactment of this Act [Aug. 6, 2002], shall be liquidated or reliquidated as if such duty-free treatment (or preferential treatment) applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. ‘‘(2) ENTRY.—As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for con- sumption. ‘‘(3) REQUESTS.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service— ‘‘(A) to locate the entry; or ‘‘(B) to reconstruct the entry if it cannot be lo- cated.’’ [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.] CHAPTER 21—NORTH AMERICAN FREE TRADE Sec. 3301. Repealed. SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, NORTH AMERICAN FREE TRADE AGREEMENT 3311 to 3317. Repealed. SUBCHAPTER II—CUSTOMS PROVISIONS 3331, 3332. Repealed.