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19 U.S.C. § 4312 — Priorities and performance standards for

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4312 — Priorities and performance standards for

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Stable record: federal_law:legal_authorities:usc2024-aba7d89ed07b48e92924f2aa
Source file: Laws/federal/codes/united-states-code-2024/title-19/section-4312-priorities-and-performance-standards-for--43d0f94962.md
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Source location: USCODE-2024-title19-chap28-subchapI-sec4312.pdf

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Page 1093 TITLE 19—CUSTOMS DUTIES § 4313 (4) assesses the effectiveness of each such partnership program in advancing the secu- rity, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protec- tion, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program; (5) summarizes the efforts of U.S. Customs and Border Protection to work with other Fed- eral agencies with authority to detain and re- lease merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership pro- grams of U.S. Customs and Border Protection; (6) summarizes criteria developed with those agencies for authorizing the release, on an ex- pedited basis, of merchandise for which docu- mentation is required from one or more of those agencies to clear or license the merchan- dise for entry into the United States; (7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs; (8) describes measures taken by U.S. Cus- toms and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and (9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report. (Pub. L. 114–125, title I, § 101, Feb. 24, 2016, 130 Stat. 127.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (a), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified gen- erally to part B (§ 961 et seq.) of subchapter II of chap- ter 3 of Title 6, Domestic Security. For complete classi- fication of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables. § 4312. Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and pro- grams (a) Priorities and performance standards (1) In general The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement func- tions and programs described in subsection (b). (2) Minimum priorities and standards Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, out- put, and other types of applicable measures. (b) Functions and programs described The functions and programs referred to in sub- section (a) are the following: (1) The Automated Commercial Environ- ment. (2) Each of the priority trade issues de- scribed in section 4322 of this title. (3) The Centers of Excellence and Expertise described in section 4317 of this title. (4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of this Act. (5) Transactions relating to imported mer- chandise in bond. (6) Collection of countervailing duties as- sessed under subtitle A of title VII of the Tar- iff Act of 1930 (19 U.S.C. 1671 et seq.) and anti- dumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.). (7) The expedited clearance of cargo. (8) The issuance of regulations and rulings. (9) The issuance of Regulatory Audit Re- ports. (c) Consultations and notification (1) Consultations The consultations required by subsection (a)(1) shall occur, at a minimum, on an annual basis. (2) Notification The Commissioner shall notify the appro- priate congressional committees of any changes to the priorities or performance standards referred to in subsection (a) not later than 30 days before such changes are to take effect. (Pub. L. 114–125, title I, § 103, Feb. 24, 2016, 130 Stat. 129.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsec. (b)(4), (6), is act June 17, 1930, ch. 497, 46 Stat. 590. Section 313 of the Tariff Act of 1930, as amended by section 906 of this Act, is section 1313 of this title, as amended by section 906 of Pub. L. 114–125. Subtitles A and B of title VII of the Act are classified generally to parts I (§ 1671 et seq.) and II (§ 1673 et seq.), respectively, of subtitle IV of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. § 4313. Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade (a) Establishment The Commissioner and the Director shall es- tablish and carry out on a fiscal year basis edu- cational seminars to— (1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States; (2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protec- tion and personnel of U.S. Immigration and Customs Enforcement; and

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1313 — Drawback and refunds

**(a) Articles made from imported merchandise** Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those articles have not been used prior to such exportation or destruction, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback, except that duties shall not be so refunded upon the exportation or destruction of flour or by-products produced from imported wheat. Where two or more products result from the manipulation of imported merchandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation. **(b) Substitution for drawback purposes** (1) **In general** — If imported duty-paid merchandise or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be allowed upon the exportation, or destruction under customs supervision, of any such articles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction. (2) **Requirements relating to transfer of merchandise** (A) *Manufacturers and producers* — Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced usin

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1313 — Drawback and refunds

Page 83 TITLE 19—CUSTOMS DUTIES § 1313 set out as an Effective Date note under section 3001 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87–456. § 1313. Drawback and refunds (a) Articles made from imported merchandise Upon the exportation or destruction under customs supervision of articles manufactured or produced in the United States with the use of imported merchandise, provided that those arti- cles have not been used prior to such expor- tation or destruction, an amount calculated pur- suant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be re- funded as drawback, except that duties shall not be so refunded upon the exportation or destruc- tion of flour or by-products produced from im- ported wheat. Where two or more products re- sult from the manipulation of imported mer- chandise, the drawback shall be distributed to the several products in accordance with their relative values at the time of separation. (b) Substitution for drawback purposes (1) In general If imported duty-paid merchandise or mer- chandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is used in the manufacture or production of articles within a period not to exceed 5 years from the date of importation of such imported merchandise, there shall be al- lowed upon the exportation, or destruction under customs supervision, of any such arti- cles, notwithstanding the fact that none of the imported merchandise may actually have been used in the manufacture or production of the exported or destroyed articles, an amount cal

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

Page 329 TITLE 19—CUSTOMS DUTIES § 1671 1 So in original. Probably should be section ‘‘1677–1(a)’’. 2 So in original. Probably should be section ‘‘1677–1(c)’’. SUBTITLE IV—COUNTERVAILING AND ANTIDUMPING DUTIES PART I—IMPOSITION OF COUNTERVAILING DUTIES Editorial Notes CODIFICATION The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec- tively, and were editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1671. Countervailing duties imposed (a) General rule If— (1) the administering authority determines that the government of a country or any pub- lic entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commis- sion determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and section 1671d(b)(1) of this title, a reference to the sale of merchandise includes the entering i

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1673 — Antidumping duties imposed

If— (1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and (2) the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and [section 1673d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b/1&num=0&edition=prelim), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

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19 U.S.C. § 1673 — Antidumping duties imposed

Page 350 TITLE 19—CUSTOMS DUTIES § 1673 (3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this part on that mer- chandise. (June 17, 1930, ch. 497, title VII, § 709, as added Pub. L. 98–573, title VI, § 608, Oct. 30, 1984, 98 Stat. 3029.) Editorial Notes Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART II—IMPOSITION OF ANTIDUMPING DUTIES Editorial Notes CODIFICATION The designation ‘‘PART II’’ was in the original ‘‘Sub- title B’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1673. Antidumping duties imposed If— (1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and (2) the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and section 1673d(b)(1) of this title, a reference to the

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4312 — Improving partnership programs

**(a) In general** In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before February 24, 2016, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 ([6 U.S.C. 961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section961&num=0&edition=prelim) et seq.), and partnership programs of U.S. Customs and Border Protection established on or after February 24, 2016, provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the Commissioner under this section. **(b) Elements** In developing and operating partnership programs under subsection (a), the Commissioner shall— (1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary; (2) ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection; (3) consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade be

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