19 U.S.C. § 3201 — Authority to grant duty-free treatment

Page 833 TITLE 19—CUSTOMS DUTIES § 3201 vide such assistance in the enforcement of para- graph (1) as the Secretary of the Treasury may request. (3) The Secretary of the Treasury shall com- pile the information collected under paragraph (1)(A)(ii) into a summary and shall annually submit such summary to the Congress until the authority to negotiate trade agreements under chapter 17 of this title expires. Such information shall also be made available to the public. (Pub. L. 100–418, title I, § 1380, Aug. 23, 1988, 102 Stat. 1223.) Editorial Notes REFERENCES IN TEXT Chapter 17 of this title, referred to in subsec. (b)(3), was in the original ‘‘part 1 of subtitle A’’, meaning part 1 (§§ 1101–1117) of subtitle A of title I of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1121, which enacted chapter 17 (§ 2901 et seq.) of this title and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables. § 3110. Study on telecommunications competi- tiveness in United States (a) In general The Secretary of Commerce, in consultation with the Federal Communications Commission and the United States Trade Representative, shall conduct a study of the competitiveness of the United States telecommunications industry and the effects of foreign telecommunications policies and practices on such industry in order to assist the Congress and the President in de- termining what actions might be necessary to preserve the competitiveness of the United States telecommunications industry. (b) Public comment The Secretary of Commerce may, as appro- priate, provide notice and reasonable oppor- tunity for public comment as part of the study conducted under subsection (a). (c) Report The Secretary of Commerce shall, by no later than the date that is 1 year after August 23, 1988, submit to the Congress and the President a re- port on the findings and recommendations reached by the Secretary of Commerce as a re- sult of the study conducted under subsection (a). Such report shall be referred to the appropriate committees of the House of Representatives and of the Senate. (Pub. L. 100–418, title I, § 1381, Aug. 23, 1988, 102 Stat. 1224.) § 3111. International obligations Nothing in this chapter may be construed to require actions inconsistent with the inter- national obligations of the United States, in- cluding the WTO Agreement and the multilat- eral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title). (Pub. L. 100–418, title I, § 1382, Aug. 23, 1988, 102 Stat. 1224; Pub. L. 103–465, title VI, § 621(a)(7), Dec. 8, 1994, 108 Stat. 4993.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 substituted ‘‘the WTO Agree- ment and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respec- tively, of section 3501 of this title)’’ for ‘‘the General Agreement on Tariffs and Trade’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title. CHAPTER 20—ANDEAN TRADE PREFERENCE Sec. 3201. Authority to grant duty-free treatment. 3202. Beneficiary country. 3203. Eligible articles. 3204. International Trade Commission reports on impact of this chapter. 3205. Repealed. 3206. Termination of preferential treatment. § 3201. Authority to grant duty-free treatment The President may proclaim duty-free treat- ment (or other preferential treatment) for all el- igible articles from any beneficiary country in accordance with the provisions of this chapter. (Pub. L. 102–182, title II, § 202, Dec. 4, 1991, 105 Stat. 1236; Pub. L. 107–210, div. C, title XXXI, § 3103(c)(1), Aug. 6, 2002, 116 Stat. 1033.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–210 inserted ‘‘(or other preferential treatment)’’ after ‘‘treatment’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–191, § 1, Feb. 29, 2008, 122 Stat. 646, provided that: ‘‘This Act [amending sections 58c, 3203, and 3206 of this title and enacting provisions set out as a note under section 6655 of Title 26, Internal Revenue Code] may be cited as the ‘Andean Trade Preference Exten- sion Act of 2008’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–432, div. D, title VII, § 7001, Dec. 20, 2006, 120 Stat. 3194, provided that: ‘‘This title [amending sec- tions 3203 and 3206 of this title] may be cited as the ‘An- dean Trade Preferences Extension Act’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–210, div. C, title XXXI, § 3101, Aug. 6, 2002, 116 Stat. 1023, provided that: ‘‘This title [amending sec- tions 2703, 3201 to 3203, 3206, and 3721 of this title and en- acting provisions set out as notes under this section and sections 2703, 3202, 3206, and 3721 of this title] may be cited as the ‘Andean Trade Promotion and Drug Eradication Act’.’’ SHORT TITLE Pub. L. 102–182, title II, § 201, Dec. 4, 1991, 105 Stat. 1236, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Andean Trade Preference Act’.’’ TERMINATION OF PREFERENTIAL TREATMENT For termination of preferential treatment, see sec- tion 3206 of this title. Page 834 TITLE 19—CUSTOMS DUTIES § 3202 FINDINGS Pub. L. 107–210, div. C, title XXXI, § 3102, Aug. 6, 2002, 116 Stat. 1023, provided that: ‘‘Congress makes the fol- lowing findings: ‘‘(1) Since the Andean Trade Preference Act [19 U.S.C. 3201 et seq.] was enacted in 1991, it has had a positive impact on United States trade with Bolivia, Colombia, Ecuador, and Peru. Two-way trade has doubled, with the United States serving as the lead- ing source of imports and leading export market for each of the Andean beneficiary countries. This has re- sulted in increased jobs and expanded export opportu- nities in both the United States and the Andean re- gion. ‘‘(2) The Andean Trade Preference Act has been a key element in the United States counternarcotics strategy in the Andean region, promoting export di- versification and broad-based economic development that provides sustainable economic alternatives to drug-crop production, strengthening the legitimate economies of Andean countries and creating viable alternatives to illicit trade in coca. ‘‘(3) Notwithstanding the success of the Andean Trade Preference Act, the Andean region remains threatened by political and economic instability and fragility, vulnerable to the consequences of the drug war and fierce global competition for its legitimate trade. ‘‘(4) The continuing instability in the Andean re- gion poses a threat to the security interests of the United States and the world. This problem has been partially addressed through foreign aid, such as Plan Colombia, enacted by Congress in 2000. However, for- eign aid alone is not sufficient. Enhancement of le- gitimate trade with the United States provides an al- ternative means for reviving and stabilizing the economies in the Andean region. ‘‘(5) The Andean Trade Preference Act constitutes a tangible commitment by the United States to the promotion of prosperity, stability, and democracy in the beneficiary countries. ‘‘(6) Renewal and enhancement of the Andean Trade Preference Act will bolster the confidence of domes- tic private enterprise and foreign investors in the economic prospects of the region, ensuring that le- gitimate private enterprise can be the engine of eco- nomic development and political stability in the re- gion. ‘‘(7) Each of the Andean beneficiary countries is committed to conclude negotiation of a Free Trade Area of the Americas by the year 2005, as a means of enhancing the economic security of the region. ‘‘(8) Temporarily enhancing trade benefits for An- dean beneficiary countries will promote the growth of free enterprise and economic opportunity in these countries and serve the security interests of the United States, the region, and the world.’’ § 3202. Beneficiary country (a) Definitions For purposes of this chapter— (1) The term ‘‘beneficiary country’’ means any country listed in subsection (b)(1) with re- spect to which there is in effect a proclama- tion by the President designating such coun- try as a beneficiary country for purposes of this chapter. (2) The term ‘‘entered’’ means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (3) The term ‘‘HTS’’ means Harmonized Tar- iff Schedule of the United States. (b) Countries eligible for designation; congres- sional notification (1) In designating countries as beneficiary countries under this chapter, the President shall consider only the following countries or suc- cessor political entities: Bolivia Ecuador Colombia Peru. (2) Before the President designates any coun- try as a beneficiary country for purposes of this chapter, he shall notify the House of Represent- atives and the Senate of his intention to make such designation, together with the consider- ations entering into such decision. (c) Limitations on designation The President shall not designate any country a beneficiary country under this chapter— (1) if such country is a Communist country; (2) if such country— (A) has nationalized, expropriated or oth- erwise seized ownership or control of prop- erty owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, (B) has taken steps to repudiate or nul- lify— (i) any existing contract or agreement with, or (ii) any patent, trademark, or other in- tellectual property of, a United States citizen or a corporation, partnership, or association, which is 50 per- cent or more beneficially owned by United States citizens, the effect of which is to na- tionalize, expropriate, or otherwise seize ownership or control of property so owned, or (C) has imposed or enforced taxes or other exactions, restrictive maintenance or oper- ational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or oth- erwise seize ownership or control of such property, unless the President determines that— (i) prompt, adequate, and effective com- pensation has been or is being made to such citizen, corporation, partnership, or association, (ii) good-faith negotiations to provide prompt, adequate, and effective compensa- tion under the applicable provisions of international law are in progress, or such country is otherwise taking steps to dis- charge its obligations under international law with respect to such citizen, corpora- tion, partnership, or association, or (iii) a dispute involving such citizen, cor- poration, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provi- sions of the Convention for the Settlement of Investment Disputes, or in another mu- tually agreed upon forum, and promptly furnishes a copy of such deter- mination to the Senate and House of Rep- resentatives; (3) if such country fails to act in good faith in recognizing as binding or in enforcing arbi- tral awards in favor of United States citizens