Browse Arkansas Code titles and sections
19 U.S.C. § 4350 — Information for travelers regarding viola-
Federal law — U.S. Code and appendices · legal_authorities
Page 1105
TITLE 19—CUSTOMS DUTIES
§ 4361
rights referred by U.S. Immigration and Cus-
toms Enforcement to a United States attor-
ney for prosecution and the United States
attorneys to which those investigations were
referred.
(C) The number of such investigations ac-
cepted by each such United States attorney
and the status or outcome of each such in-
vestigation.
(D) The number of such investigations that
resulted in the imposition of civil or crimi-
nal penalties.
(E) A description of the efforts of U.S. Cus-
toms and Border Protection and U.S. Immi-
gration and Customs Enforcement to im-
prove the success rates of investigations and
prosecutions relating to the infringement of
intellectual property rights.
(2) An estimate of the average time required
by the Office of Trade established under sec-
tion 2084 of this title to respond to a request
from port personnel for advice with respect to
whether merchandise detained by U.S. Cus-
toms and Border Protection infringed intellec-
tual property rights, distinguished by types of
intellectual property rights infringed.
(3) A summary of the outreach efforts of U.S.
Customs and Border Protection and U.S. Im-
migration and Customs Enforcement with re-
spect to—
(A) the interdiction and investigation of,
and the sharing of information between
those agencies and other Federal agencies to
prevent, the infringement of intellectual
property rights;
(B) collaboration with private sector enti-
ties—
(i) to identify trends in the infringement
of, and technologies that infringe, intellec-
tual property rights;
(ii) to identify opportunities for en-
hanced training of officers of U.S. Customs
and Border Protection and U.S. Immigra-
tion and Customs Enforcement; and
(iii) to develop best practices to enforce
inte
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Source file: Laws/federal/codes/united-states-code-2024/title-19/section-4350-information-for-travelers-regarding-viola--cb842f2084.md
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Source location: USCODE-2024-title19-chap28-subchapIII-sec4350.pdf
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Page 1105
TITLE 19—CUSTOMS DUTIES
§ 4361
rights referred by U.S. Immigration and Cus-
toms Enforcement to a United States attor-
ney for prosecution and the United States
attorneys to which those investigations were
referred.
(C) The number of such investigations ac-
cepted by each such United States attorney
and the status or outcome of each such in-
vestigation.
(D) The number of such investigations that
resulted in the imposition of civil or crimi-
nal penalties.
(E) A description of the efforts of U.S. Cus-
toms and Border Protection and U.S. Immi-
gration and Customs Enforcement to im-
prove the success rates of investigations and
prosecutions relating to the infringement of
intellectual property rights.
(2) An estimate of the average time required
by the Office of Trade established under sec-
tion 2084 of this title to respond to a request
from port personnel for advice with respect to
whether merchandise detained by U.S. Cus-
toms and Border Protection infringed intellec-
tual property rights, distinguished by types of
intellectual property rights infringed.
(3) A summary of the outreach efforts of U.S.
Customs and Border Protection and U.S. Im-
migration and Customs Enforcement with re-
spect to—
(A) the interdiction and investigation of,
and the sharing of information between
those agencies and other Federal agencies to
prevent, the infringement of intellectual
property rights;
(B) collaboration with private sector enti-
ties—
(i) to identify trends in the infringement
of, and technologies that infringe, intellec-
tual property rights;
(ii) to identify opportunities for en-
hanced training of officers of U.S. Customs
and Border Protection and U.S. Immigra-
tion and Customs Enforcement; and
(iii) to develop best practices to enforce
intellectual property rights; and
(C) coordination with foreign governments
and international organizations with respect
to the enforcement of intellectual property
rights.
(4) A summary of the efforts of U.S. Customs
and Border Protection and U.S. Immigration
and Customs Enforcement to address the chal-
lenges with respect to the enforcement of in-
tellectual property rights presented by Inter-
net commerce and the transit of small pack-
ages and an identification of the volume,
value, and type of merchandise seized for in-
fringing intellectual property rights as a re-
sult of such efforts.
(5) A summary of training relating to the en-
forcement of intellectual property rights con-
ducted under section 4347 of this title and ex-
penditures for such training.
(Pub. L. 114–125, title III, § 310, Feb. 24, 2016, 130
Stat. 153.)
§ 4350. Information for travelers regarding viola-
tions of intellectual property rights
(a) In general
The Secretary of Homeland Security shall de-
velop and carry out an educational campaign to
inform travelers entering or leaving the United
States about the legal, economic, and public
health and safety implications of acquiring mer-
chandise that infringes intellectual property
rights outside the United States and importing
such merchandise into the United States in vio-
lation of United States law.
(b) Declaration forms
The Commissioner shall ensure that all
versions of Declaration Form 6059B of U.S. Cus-
toms and Border Protection, or a successor
form, including any electronic equivalent of
Declaration Form 6059B or a successor form,
printed or displayed on or after the date that is
30 days after February 24, 2016, include a written
warning to inform travelers arriving in the
United States that importation of merchandise
into the United States that infringes intellec-
tual property rights may subject travelers to
civil or criminal penalties and may pose serious
risks to safety or health.
(Pub. L. 114–125, title III, § 311, Feb. 24, 2016, 130
Stat. 155.)
SUBCHAPTER
IV—PREVENTION
OF
EVA-
SION OF ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS
§ 4361. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Finance and the
Committee on Appropriations of the Senate;
and
(B) the Committee on Ways and Means and
the Committee on Appropriations of the
House of Representatives.
(2) Covered merchandise
The term ‘‘covered merchandise’’ means
merchandise that is subject to—
(A) a countervailing duty order issued
under section 706 of the Tariff Act of 1930 (19
U.S.C. 1671e); or
(B) an antidumping duty order issued
under section 736 of the Tariff Act of 1930 (19
U.S.C. 1673e).
(3) Eligible small business
(A) In general
The term ‘‘eligible small business’’ means
any business concern that, in the judgment
of the Commissioner, due to its small size,
has neither adequate internal resources nor
financial ability to obtain qualified outside
assistance in preparing and submitting for
consideration allegations of evasion.
(B) Nonreviewability
Any agency decision regarding whether a
business concern is an eligible small busi-
ness for purposes of section 4371(b)(4)(E) of
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of countervailing duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), the administering authority shall publish a countervailing duty order which—
(1) directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duties**
(1) **General rule** — If the Commission, in its final determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671e
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Federal law — U.S. Code and appendices · legal_authorities
Page 347
TITLE 19—CUSTOMS DUTIES
§ 1671e
of its determination and of the facts and conclu-
sions of law upon which the determination is
based, and it shall publish notice of its deter-
mination in the Federal Register.
(e) Correction of ministerial errors
The administering authority shall establish
procedures for the correction of ministerial er-
rors in final determinations within a reasonable
time after the determinations are issued under
this section. Such procedures shall ensure op-
portunity for interested parties to present their
views regarding any such errors. As used in this
subsection, the term ‘‘ministerial error’’ in-
cludes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the
like, and any other type of unintentional error
which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, § 705, as added
Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat.
159; amended Pub. L. 98–573, title VI, §§ 602(a)(2),
605(a), 606, Oct. 30, 1984, 98 Stat. 3024, 3028, 3029;
Pub. L. 100–418, title I, §§ 1324(a)(3), 1333(a), Aug.
23, 1988, 102 Stat. 1200, 1209; Pub. L. 103–465, title
II, §§ 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b),
264(b), (c)(7), (8), 270(a)(1)(F), (G), Dec. 8, 1994, 108
Stat. 4848, 4850, 4899, 4912–4914, 4917; Pub. L.
104–295, § 20(b)(15), Oct. 11, 1996, 110 Stat. 3527.)
Editorial Notes
AMENDMENTS
1996—Subsec. (c)(1)(B)(i)(II). Pub. L. 104–295 inserted
‘‘section’’ after ‘‘if’’.
1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(N),
270(a)(1)(F), substituted ‘‘countervailable subsidy’’ for
‘‘subsidy’’ and ‘‘the subject merchandise’’ for ‘‘the mer-
chandise’’.
Subsec. (a)(2)(A). Pub. L. 103–465, §§ 214(a)(2)(A)(
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671e
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1671e. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of antidumping duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duty**
(1) **General rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds material injury or threat of material injur
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673e
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 1673e. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 364
TITLE 19—CUSTOMS DUTIES
§ 1673e
tion 1673b(d) of this title the suspension of liquidation
and the posting of a cash deposit, bond, or other secu-
rity’’.
Subsec. (c)(2)(A). Pub. L. 103–465, § 219(c)(6), sub-
stituted ‘‘1673b(d)(2)’’ for ‘‘1671b(d)(1)’’.
Subsec. (c)(2)(B). Pub. L. 103–465, § 219(c)(7), sub-
stituted ‘‘1673b(d)(1)(B)’’ for ‘‘1673b(d)(2)’’.
Subsec. (c)(3)(B). Pub. L. 103–465, § 219(c)(8), sub-
stituted ‘‘1673b(d)(1)(B)’’ for ‘‘1673b(d)(2)’’.
Subsec. (c)(5). Pub. L. 103–465, § 219(b)(2), added par.
(5).
1988—Subsec. (b)(4)(A). Pub. L. 100–418, § 1324(b)(3),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘If the finding of the ad-
ministering authority under subsection (a)(2) of this
section is affirmative, then the final determination of
the Commission shall include a finding as to whether
the material injury is by reason of massive imports de-
scribed in subsection (a)(3) of this section to an extent
that, in order to prevent such material injury from re-
curring, it is necessary to impose the duty imposed by
section 1673 of this title retroactively on those im-
ports.’’
Subsec. (e). Pub. L. 100–418, § 1333(a), added subsec. (e).
1984—Subsec. (a)(3). Pub. L. 98–573, § 605(b)(1), inserted
provision that such findings may be affirmative even
though the preliminary determination under section
1673b(e)(1) of this title was negative.
Subsec. (b)(1). Pub. L. 98–573, § 602(c), inserted ‘‘, or
sales (or the likelihood of sales) for importation,’’ in
provisions after subpar. (B).
Subsec. (c)(3)(A). Pub. L. 98–573, § 605(b)(3), inserted
reference to par. (4).
Subsec. (c)(4). Pub. L. 98–573, § 605(b)(2), added par. (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amend
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1673e
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1673e. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that contains the following:
(1) With respect to the enforcement of intellectual property rights, the following:
(A) The number of referrals, during the preceding year, from U.S. Customs and Border Protection to U.S. Immigration and Customs Enforcement relating to infringement of intellectual property rights.
(B) The number of investigations relating to the infringement of intellectual property rights referred by U.S. Immigration and Customs Enforcement to a United States attorney for prosecution and the United States attorneys to which those investigations were referred.
(C) The number of such investigations accepted by each such United States attorney and the status or outcome of each such investigation.
(D) The number of such investigations that resulted in the imposition of civil or criminal penalties.
(E) A description of the efforts of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve the success rates of investigations and prosecutions relating to the infringement of intellectual property rights.
(2) An estimate of the average time required by the Office of Trade established under [section 2084 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2084&num=0&edition=prelim) to respond to a request from port personnel for advice with respect to whether merc
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4350
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.