19 U.S.C. § 4210 — Definitions

Page 1084 TITLE 19—CUSTOMS DUTIES § 4207 9, 2012, if (and only if) the President, as soon as feasible after December 18, 2015, and before exer- cising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotia- tions. (c) 1 Agreement by Asia-Pacific Economic Co- operation members to reduce rates of duty on certain environmental goods Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation au- thority provided for in section 4202(a)(1)(B) of this title to implement an agreement by mem- bers of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain en- vironmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after February 24, 2016, and before exer- cising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotia- tions. (Pub. L. 114–26, title I, § 107, June 29, 2015, 129 Stat. 355; Pub. L. 114–113, div. Q, title V, § 502, Dec. 18, 2015, 129 Stat. 3127; Pub. L. 114–125, title IX, § 916, Feb. 24, 2016, 130 Stat. 279.) Editorial Notes AMENDMENTS 2016—Subsec. (c). Pub. L. 114–125 added subsec. (c) re- lating to proclamation authority and requiring notifi- cation to Congress after Feb. 24, 2016. 2015—Subsec. (c). Pub. L. 114–113 added subsec. (c) re- lating to proclamation authority and requiring notifi- cation to Congress after Dec. 18, 2015. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title. § 4207. Sovereignty (a) United States law to prevail in event of con- flict No provision of any trade agreement entered into under section 4202(b) of this title, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States, any State of the United States, or any locality of the United States shall have effect. (b) Amendments or modifications of United States law No provision of any trade agreement entered into under section 4202(b) of this title shall pre- vent the United States, any State of the United States, or any locality of the United States from amending or modifying any law of the United States, that State, or that locality (as the case may be). (c) Dispute settlement reports Reports, including findings and recommenda- tions, issued by dispute settlement panels con- vened pursuant to any trade agreement entered into under section 4202(b) of this title shall have no binding effect on the law of the United States, the Government of the United States, or the law or government of any State or locality of the United States. (Pub. L. 114–26, title I, § 108, June 29, 2015, 129 Stat. 356.) § 4208. Interests of small businesses (a) Sense of Congress It is the sense of Congress that— (1) the United States Trade Representative should facilitate participation by small busi- nesses in the trade negotiation process; and (2) the functions of the Office of the United States Trade Representative relating to small businesses should continue to be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small businesses. (b) Consideration of small business interests The Assistant United States Trade Represent- ative for Small Business, Market Access, and In- dustrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in ac- cordance with the objective described in section 4201(a)(8) of this title. (Pub. L. 114–26, title I, § 109, June 29, 2015, 129 Stat. 356.) § 4209. Application of certain provisions For purposes of applying sections 2135, 2136, and 2137 of this title— (1) any trade agreement entered into under section 4202 of this title shall be treated as an agreement entered into under section 2111 or 2112 of this title, as appropriate; and (2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 4202 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title. (Pub. L. 114–26, title I, § 110(b), June 29, 2015, 129 Stat. 358.) § 4210. Definitions In this chapter: (1) Agreement on Agriculture The term ‘‘Agreement on Agriculture’’ means the agreement referred to in section 3511(d)(2) of this title. (2) Agreement on Safeguards The term ‘‘Agreement on Safeguards’’ means the agreement referred to in section 3511(d)(13) of this title. (3) Agreement on Subsidies and Countervailing Measures The term ‘‘Agreement on Subsidies and Countervailing Measures’’ means the agree- ment referred to in section 3511(d)(12) of this title. (4) Antidumping Agreement The term ‘‘Antidumping Agreement’’ means the Agreement on Implementation of Article Page 1085 TITLE 19—CUSTOMS DUTIES § 4210 VI of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(7) of this title. (5) Appellate Body The term ‘‘Appellate Body’’ means the Ap- pellate Body established under Article 17.1 of the Dispute Settlement Understanding. (6) Common multilateral environmental agree- ment (A) In general The term ‘‘common multilateral environ- mental agreement’’ means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, includ- ing any current or future mutually agreed upon protocols, amendments, annexes, or ad- justments to such an agreement. (B) Agreements specified The agreements specified in this subpara- graph are the following: (i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). (ii) The Montreal Protocol on Sub- stances that Deplete the Ozone Layer, done at Montreal September 16, 1987. (iii) The Protocol of 1978 Relating to the International Convention for the Preven- tion of Pollution from Ships, 1973, done at London February 17, 1978. (iv) The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar Feb- ruary 2, 1971 (TIAS 11084). (v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476). (vi) The International Convention for the Regulation of Whaling, done at Wash- ington December 2, 1946 (62 Stat. 1716). (vii) The Convention for the Establish- ment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230). (C) Additional agreements Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environ- mental or conservation agreement to which they are full parties as a common multilat- eral environmental agreement under this paragraph. (7) Core labor standards The term ‘‘core labor standards’’ means— (A) freedom of association; (B) the effective recognition of the right to collective bargaining; (C) the elimination of all forms of forced or compulsory labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in re- spect of employment and occupation. (8) Dispute Settlement Understanding The term ‘‘Dispute Settlement Under- standing’’ means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title. (9) Enabling Clause The term ‘‘Enabling Clause’’ means the De- cision on Differential and More Favourable Treatment, Reciprocity and Fuller Participa- tion of Developing Countries (L/4903), adopted November 28, 1979, under GATT 1947 (as defined in section 3501 of this title). (10) Environmental laws The term ‘‘environmental laws’’, with re- spect to the laws of the United States, means environmental statutes and regulations en- forceable by action of the Federal Govern- ment. (11) GATT 1994 The term ‘‘GATT 1994’’ has the meaning given that term in section 3501 of this title. (12) General Agreement on Trade in Services The term ‘‘General Agreement on Trade in Services’’ means the General Agreement on Trade in Services (referred to in section 3511(d)(14) of this title). (13) Government Procurement Agreement The term ‘‘Government Procurement Agree- ment’’ means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title. (14) ILO The term ‘‘ILO’’ means the International Labor Organization. (15) Import sensitive agricultural product The term ‘‘import sensitive agricultural product’’ means an agricultural product— (A) with respect to which, as a result of the Uruguay Round Agreements, the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such arti- cle on December 31, 1994; or (B) which was subject to a tariff rate quota on June 29, 2015. (16) Information Technology Agreement The term ‘‘Information Technology Agree- ment’’ means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore December 13, 1996. (17) Internationally recognized core labor standards The term ‘‘internationally recognized core labor standards’’ means the core labor stand- ards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998). (18) Labor laws The term ‘‘labor laws’’ means the statutes and regulations, or provisions thereof, of a Page 1086 TITLE 19—CUSTOMS DUTIES § 4210 party to the negotiations that are directly re- lated to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupa- tional safety and health, and for the United States, includes Federal statutes and regula- tions addressing those standards, protections, or conditions, but does not include State or local labor laws. (19) United States person The term ‘‘United States person’’ means— (A) a United States citizen; (B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; and (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by en- tities described in subparagraph (B) or United States citizens, or both. (20) Uruguay Round Agreements The term ‘‘Uruguay Round Agreements’’ has the meaning given that term in section 3501(7) of this title. (21) World Trade Organization; WTO The terms ‘‘World Trade Organization’’ and ‘‘WTO’’ mean the organization established pursuant to the WTO Agreement. (22) WTO Agreement The term ‘‘WTO Agreement’’ means the Agreement Establishing the World Trade Or- ganization entered into on April 15, 1994. (23) WTO member The term ‘‘WTO member’’ has the meaning given that term in section 3501(10) of this title. (Pub. L. 114–26, title I, § 111, June 29, 2015, 129 Stat. 358.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables. CHAPTER 28—TRADE FACILITATION AND TRADE ENFORCEMENT Sec. 4301. Definitions. SUBCHAPTER I—TRADE FACILITATION AND TRADE ENFORCEMENT 4311. Improving partnership programs. 4312. Priorities and performance standards for cus- toms modernization, trade facilitation, and trade enforcement functions and programs. 4313. Educational seminars to improve efforts to classify and appraise imported articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate inter- national trade. 4314. Joint strategic plan. 4315. Consultations with respect to mutual rec- ognition arrangements. 4316. Commercial Customs Operations Advisory Committee. Sec. 4317. Centers of Excellence and Expertise. 4318. Commercial risk assessment targeting and trade alerts. 4319. Report on oversight of revenue protection and enforcement measures. 4320. Importer of record program. 4321. Establishment of importer risk assessment program. 4322. Priority trade issues. 4323. Appropriate congressional committees de- fined. SUBCHAPTER II—IMPORT HEALTH AND SAFETY 4331. Interagency Import Safety Working Group. 4332. Joint import safety rapid response plan. 4333. Training. SUBCHAPTER III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 4341. Definition of intellectual property rights. 4342. Notification of persons injured by circumven- tion devices. 4343. Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending. 4344. National Intellectual Property Rights Coordi- nation Center. 4345. Joint strategic plan for the enforcement of intellectual property rights. 4346. Personnel dedicated to the enforcement of in- tellectual property rights. 4347. Training with respect to the enforcement of intellectual property rights. 4348. International cooperation and information sharing. 4349. Report on intellectual property rights en- forcement. 4350. Information for travelers regarding violations of intellectual property rights. SUBCHAPTER IV—PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS 4361. Definitions. 4362. Application to Canada and Mexico. PART I—ACTIONS RELATING TO ENFORCEMENT OF TRADE REMEDY LAWS 4371. Trade Remedy Law Enforcement Division. 4372. Collection of information on evasion of trade remedy laws. 4373. Additional information. 4374. Cooperation with foreign countries on pre- venting evasion of trade remedy laws. 4375. Trade negotiating objectives. PART II—OTHER MATTERS 4391. Allocation and training of personnel. 4392. Annual report on prevention and investiga- tion of evasion of antidumping and counter- vailing duty orders. SUBCHAPTER V—ADDITIONAL ENFORCEMENT PROVISIONS 4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties. 4402. Illicitly imported, exported, or trafficked cul- tural property, archaeological or ethno- logical materials, and fish, wildlife, and plants. 4403. Honey transshipment. 4404. Report on actions taken by United States Trade Representative. 4405. Trade Enforcement Trust Fund. SUBCHAPTER VI—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES 4421. Enhancement of engagement on currency ex- change rate and economic policies with cer- tain major trading partners of the United States.