19 U.S.C. § 3501 — Definitions

Page 857 TITLE 19—CUSTOMS DUTIES § 3501 CHAPTER 22—URUGUAY ROUND TRADE AGREEMENTS Sec. 3501. Definitions. SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, URUGUAY ROUND AGREEMENTS PART A—APPROVAL OF AGREEMENTS AND RELATED PROVISIONS 3511. Approval and entry into force of Uruguay Round Agreements. 3512. Relationship of agreements to United States law and State law. 3513. Implementing actions in anticipation of entry into force; regulations. PART B—TARIFF MODIFICATIONS 3521. Tariff modifications. 3522. Liquidation or reliquidation and refund of duty paid on certain entries. 3523. Duty free treatment for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro-phenoxy) phe- nol. 3524. Consultation and layover requirements for, and effective date of, proclaimed actions. PART C—URUGUAY ROUND IMPLEMENTATION AND DISPUTE SETTLEMENT 3531. Definitions. 3532. Implementation of Uruguay Round Agree- ments. 3533. Dispute settlement panels and procedures. 3534. Annual report on WTO. 3535. Review of participation in WTO. 3536. Increased transparency. 3537. Access to WTO dispute settlement process. 3538. Administrative action following WTO panel reports. 3539. Fund for WTO dispute settlements. PART D—RELATED PROVISIONS 3551. Working party on worker rights. 3552. Implementation of Rules of Origin work pro- gram. 3553. Membership in WTO of boycotting countries. 3554. Africa trade and development policy. 3555. Objectives for extended negotiations. 3556. Certain nonrubber footwear. SUBCHAPTER II—ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES AGREEMENT 3571. Subsidies enforcement. 3572. Review of Subsidies Agreement. SUBCHAPTER III—ADDITIONAL IMPLEMENTATION OF AGREEMENTS PART A—FOREIGN TRADE BARRIERS AND UNFAIR TRADE PRACTICES 3581. Objectives in intellectual property. PART B—TEXTILES 3591. Textile product integration. 3592. Rules of origin for textile and apparel prod- ucts. SUBCHAPTER IV—AGRICULTURE-RELATED PROVISIONS PART A—MARKET ACCESS 3601. Administration of tariff-rate quotas. 3602. Special agricultural safeguard authority. PART B—EXPORTS 3611. Repealed. PART C—OTHER PROVISIONS 3621. Tobacco proclamation authority. 3622. Repealed. 3623. Study of milk marketing order system. 3624. Additional program funding. § 3501. Definitions For purposes of this Act: (1) GATT 1947; GATT 1994 (A) GATT 1947 The term ‘‘GATT 1947’’ means the General Agreement on Tariffs and Trade, dated Octo- ber 30, 1947, annexed to the Final Act Adopt- ed at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employ- ment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agree- ment. (B) GATT 1994 The term ‘‘GATT 1994’’ means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (2) HTS The term ‘‘HTS’’ means the Harmonized Tariff Schedule of the United States. (3) International Trade Commission The term ‘‘International Trade Commis- sion’’ means the United States International Trade Commission. (4) Multilateral trade agreement The term ‘‘multilateral trade agreement’’ means an agreement described in section 3511(d) of this title (other than an agreement described in paragraph (17) or (18) of such sec- tion). (5) Schedule XX The term ‘‘Schedule XX’’ means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994. (6) Trade Representative The term ‘‘Trade Representative’’ means the United States Trade Representative. (7) Uruguay Round Agreements The term ‘‘Uruguay Round Agreements’’ means the agreements approved by the Con- gress under section 3511(a)(1) of this title. (8) World Trade Organization and WTO The terms ‘‘World Trade Organization’’ and ‘‘WTO’’ mean the organization established pursuant to the WTO Agreement. (9) WTO Agreement The term ‘‘WTO Agreement’’ means the Agreement Establishing the World Trade Or- ganization entered into on April 15, 1994. (10) WTO member and WTO member country The terms ‘‘WTO member’’ and ‘‘WTO mem- ber country’’ mean a state, or separate cus- toms territory (within the meaning of Article XII of the WTO Agreement), with respect to which the United States applies the WTO Agreement. (Pub. L. 103–465, § 2, Dec. 8, 1994, 108 Stat. 4813.) Page 858 TITLE 19—CUSTOMS DUTIES § 3511 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Harmonized Tariff Schedule of the United States, referred to in par. (2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–465, § 1(a), Dec. 8, 1994, 108 Stat. 4809, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Uruguay Round Agreements Act’.’’ Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. SUBCHAPTER I—APPROVAL OF, AND GEN- ERAL PROVISIONS RELATING TO, URU- GUAY ROUND AGREEMENTS PART A—APPROVAL OF AGREEMENTS AND RELATED PROVISIONS § 3511. Approval and entry into force of Uruguay Round Agreements (a) Approval of agreements and statement of ad- ministrative action Pursuant to section 2903 of this title and sec- tion 2191 of this title, the Congress approves— (1) the trade agreements described in sub- section (d) resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade, entered into on April 15, 1994, and submitted to the Congress on September 27, 1994; and (2) the statement of administrative action proposed to implement the agreements that was submitted to the Congress on September 27, 1994. (b) Entry into force At such time as the President determines that a sufficient number of foreign countries are ac- cepting the obligations of the Uruguay Round Agreements, in accordance with article XIV of the WTO Agreement, to ensure the effective op- eration of, and adequate benefits for the United States under, those Agreements, the President may accept the Uruguay Round Agreements and implement article VIII of the WTO Agreement. (c) Authorization of appropriations There are authorized to be appropriated annu- ally such sums as may be necessary for the pay- ment by the United States of its share of the ex- penses of the WTO. (d) Trade agreements to which this Act applies Subsection (a) applies to the WTO Agreement and to the following agreements annexed to that Agreement: (1) The General Agreement on Tariffs and Trade 1994. (2) The Agreement on Agriculture. (3) The Agreement on the Application of Sanitary and Phytosanitary Measures. (4) The Agreement on Textiles and Clothing. (5) The Agreement on Technical Barriers to Trade. (6) The Agreement on Trade-Related Invest- ment Measures. (7) The Agreement on Implementation of Ar- ticle VI of the General Agreement on Tariffs and Trade 1994. (8) The Agreement on Implementation of Ar- ticle VII of the General Agreement on Tariffs and Trade 1994. (9) The Agreement on Preshipment Inspec- tion. (10) The Agreement on Rules of Origin. (11) The Agreement on Import Licensing Procedures. (12) The Agreement on Subsidies and Coun- tervailing Measures. (13) The Agreement on Safeguards. (14) The General Agreement on Trade in Services. (15) The Agreement on Trade-Related As- pects of Intellectual Property Rights. (16) The Understanding on Rules and Proce- dures Governing the Settlement of Disputes. (17) The Agreement on Government Procure- ment. (18) The International Bovine Meat Agree- ment. (Pub. L. 103–465, title I, § 101, Dec. 8, 1994, 108 Stat. 4814.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3501 of this title and Tables. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE Executive Documents set out below, provide gen- erally for the implementation of the trade agreements resulting from the Uruguay Round of multilateral trade negotiations, effective Jan. 1, 1995. PROC. NO. 6763. TO IMPLEMENT TRADE AGREEMENTS RE- SULTING FROM URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS, AND FOR OTHER PURPOSES Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1007, as amended by Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15849; Proc. No. 6857, Dec. 11, 1995, 60 F.R. 64817; Proc. No. 6948, Oct. 29, 1996, 61 F.R. 56387, provided: 1. On April 15, 1994, the President entered into trade agreements resulting from the Uruguay Round of mul- tilateral trade negotiations (‘‘the Uruguay Round Agreements’’). In section 101(a) of the Uruguay Round Agreements Act (‘‘the URAA’’) (Public Law 103–465; 108 Stat. 4809) [19 U.S.C. 3511(a)], the Congress approved the Uruguay Round Agreements listed in section 101(d) of that Act. 2. (a) Sections 1102(a) and (e) of the Omnibus Trade and Competitiveness Act of 1988, as amended (‘‘the 1988 Act’’) (19 U.S.C. 2902(a) and (e)), authorize the President to proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or