19 U.S.C. § 2467 — Definitions

Page 707 TITLE 19—CUSTOMS DUTIES § 2467 1 See References in Text note below. consideration such measures as the President may judge necessary or expedient; and (D) supervise the ex- ecutive branch; and (ii) may redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law, and such redelegation or further assignment shall be published in the Federal Register. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 2466b. Termination of benefits for sub-Saharan African countries In the case of a beneficiary sub-Saharan Afri- can country, as defined in section 2466a(c) 1 of this title, duty-free treatment provided under this subchapter shall remain in effect through September 30, 2025. (Pub. L. 93–618, title V, § 506B, as added Pub. L. 106–200, title I, § 114, May 18, 2000, 114 Stat. 266; amended Pub. L. 108–274, § 7(a)(1), July 13, 2004, 118 Stat. 823; Pub. L. 114–27, title I, § 103(a), June 29, 2015, 129 Stat. 364.) Editorial Notes REFERENCES IN TEXT Section 2466a(c) of this title, referred to in text, was redesignated section 2466a(e) of this title by Pub. L. 114–27, title I, § 105(b), (c), June 29, 2015, 129 Stat. 366. AMENDMENTS 2015—Pub. L. 114–27 substituted ‘‘September 30, 2025’’ for ‘‘September 30, 2015’’. 2004—Pub. L. 108–274 substituted ‘‘2015’’ for ‘‘2008’’. § 2467. Definitions For purposes of this subchapter: (1) Beneficiary developing country The term ‘‘beneficiary developing country’’ means any country with respect to which there is in effect an Executive order or Presi- dential proclamation by the President desig- nating such country as a beneficiary devel- oping country for purposes of this subchapter. (2) Country The term ‘‘country’’ means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of coun- tries which is a free trade area or customs union, or which is contributing to comprehen- sive regional economic integration among its members through appropriate means, includ- ing, but not limited to, the reduction of du- ties, the President may by Executive order or Presidential proclamation provide that all members of such association other than mem- bers which are barred from designation under section 2462(b) of this title shall be treated as one country for purposes of this subchapter. (3) Entered The term ‘‘entered’’ means entered, or with- drawn from warehouse for consumption, in the customs territory of the United States. (4) Internationally recognized worker rights The term ‘‘internationally recognized work- er rights’’ includes— (A) the right of association; (B) the right to organize and bargain col- lectively; (C) a prohibition on the use of any form of forced or compulsory labor; (D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and (E) acceptable conditions of work with re- spect to minimum wages, hours of work, and occupational safety and health. (5) Least-developed beneficiary developing country The term ‘‘least-developed beneficiary devel- oping country’’ means a beneficiary devel- oping country that is designated as a least-de- veloped beneficiary developing country under section 2462(a)(2) of this title. (6) Worst forms of child labor The term ‘‘worst forms of child labor’’ means— (A) all forms of slavery or practices simi- lar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; (B) the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes; (C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and (D) work which, by its nature or the cir- cumstances in which it is carried out, is likely to harm the health, safety, or morals of children. The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary devel- oping country involved. (Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1926; amended Pub. L. 106–200, title IV, § 412(b), May 18, 2000, 114 Stat. 298; Pub. L. 107–210, div. D, title XLI, § 4102(b), Aug. 6, 2002, 116 Stat. 1041.) Editorial Notes AMENDMENTS 2002—Par. (4)(D). Pub. L. 107–210 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as fol- lows: ‘‘a minimum age for the employment of children; and’’. 2000—Par. (6). Pub. L. 106–200 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive applica- Page 708 TITLE 19—CUSTOMS DUTIES § 2481 1 See References in Text note below. tion, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SUBCHAPTER VI—GENERAL PROVISIONS § 2481. Definitions For purposes of this chapter— (1) The term ‘‘duty’’ includes the rate and form of any import duty, including but not limited to tariff-rate quotas. (2) The term ‘‘other import restriction’’ in- cludes a limitation, prohibition, charge, or ex- action other than duty, imposed on importa- tion or imposed for the regulation of importa- tion. The term does not include any orderly marketing agreement. (3) The term ‘‘ad valorem’’ includes ad valo- rem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most re- cent representative period. (4) The term ‘‘ad valorem equivalent’’ means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the Presi- dent shall utilize, to the maximum extent practicable, the standards of valuation con- tained in section 1401a or 1402 1 of this title (as in effect before the effective date of the amendments made by title II of the Trade Agreements Act of 1979) or in section 1401a of this title (as in effect on the effective date of such title II amendments) whichever is appli- cable to the article concerned during such rep- resentative period. (5) An imported article is ‘‘directly competi- tive with’’ a domestic article at an earlier or later stage of processing, and a domestic arti- cle is ‘‘directly competitive with’’ an imported article at an earlier or later stage of proc- essing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importa- tion of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing. (6) The term ‘‘modification’’, as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction. (7) The term ‘‘existing’’ means (A) when used, without the specification of any date, with respect to any matter relating to enter- ing into or carrying out a trade agreement or other action authorized by this chapter, exist- ing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (how- ever established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A). (8) A product of a country or area is an arti- cle which is the growth, produce, or manufac- ture of such country or area. (9) The term ‘‘nondiscriminatory treatment’’ means trade treatment based on normal trade relations (known under international law as most-favored-nation treatment). (10) The term ‘‘commerce’’ includes services associated with international trade. (Pub. L. 93–618, title VI, § 601, Jan. 3, 1975, 88 Stat. 2071; Pub. L. 96–39, title II, § 202(c)(1), title XI, § 1106(h)(1), July 26, 1979, 93 Stat. 202, 313; Pub. L. 100–418, title I, § 1214(j)(5), Aug. 23, 1988, 102 Stat. 1158; Pub. L. 105–206, title V, § 5003(b)(2)(B), July 22, 1998, 112 Stat. 789.) Editorial Notes REFERENCES IN TEXT Section 1402 of this title, referred to in par. (4), was repealed by Pub. L. 96–39, title II, § 201(b), July 26, 1979, 93 Stat. 201. The effective date of the amendments made by title II of the Trade Agreements Act of 1979, referred to in par. (4), is July 1, 1980. See section 204(a) of Pub. L. 96–39, set out as an Effective Date of 1979 Amendment note under section 1401a of this title. The Harmonized Tariff Schedule of the United States, referred to in par. (7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. AMENDMENTS 1998—Par. (9). Pub. L. 105–206 substituted ‘‘trade treatment based on normal trade relations (known under international law as most-favored-nation treat- ment)’’ for ‘‘most-favored-nation treatment’’. 1988—Par. (7). Pub. L. 100–418 substituted ‘‘chapters 1 through 97 of the Harmonized Tariff Schedule of the United States’’ for ‘‘schedules 1 through 7 of the Tariff Schedules of the United States’’. 1979—Par. (2). Pub. L. 96–39, § 1106(h)(1), substituted ‘‘or exaction’’ for ‘‘and exaction’’. Par. (4). Pub. L. 96–39, § 202(c)(1), substituted ‘‘section 1401a or 1402 of this title (as in effect before the effec- tive date of the amendments made by title II of the Trade Agreements Act of 1979) or in sections 1401a of this title (as in effect on the effective date of such title II amendments) whichever is applicable’’ for ‘‘section 1401a or 1402 of this title applicable’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or