Amendment of Section

For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.

References in Text

This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.

Section 423 of the Tax Reform Act of 1986, referred to in subsec. (a)(1), is section 423 of Pub. L. 99–514, title IV, Oct. 22, 1986, 100 Stat. 2230, which amended this section and General Headnote 3(a)(i) of the Tariff Schedules of the United States formerly set out under section 1202 of this title, and enacted provisions set out as a note below.

The Trade Act of 1974, referred to in subsecs. (b)(1)(B), (e)(1), and (h)(1)(B), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Trade Act of 1974 is classified generally to part 1 (§2251 et seq.) of subchapter II of chapter 12 of this title. Title V of the Trade Act of 1974 is classified generally to subchapter V (§2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.

Section 108(b)(5) of Public Law 103–182, referred to in subsec. (b)(5)(D)(ii), was classified to section 3317(b)(5) of this title prior to repeal by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

The United States-Caribbean Basin Trade Partnership Act, referred to in subsec. (b)(5)(E), is title II of Pub. L. 106–200, May 18, 2000, 114 Stat. 275, which amended this section and sections 2701, 2702, 2704, 3202, and 3204 of this title and enacted provisions set out as notes under section 2701 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 2701 of this title and Tables.

The Harmonized Tariff Schedule of the United States, referred to in subsec. (c)(1)(A), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Section 2701 of this title, referred to in subsec. (e)(5)(A), was in the original "section 101 of this title" which has been translated as the probable intent of Congress as meaning section 211 of this title.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendment of subsec. (b)(2)(A)(i) by Pub. L. 107–210, §3107(a)(1)(B), as amended by Pub. L. 108–429, §2004(b)(2), was executed after amendment by Pub. L. 107–206, §3001[(a)](1), as if the amendment by Pub. L. 108–429, §2004(b)(2), was included in the enactment of Pub. L. 107–210, §3107(a)(1)(B), and notwithstanding section 3001(c) of Pub. L. 107–206, set out as an Effective Date of 2002 Amendments note below, to reflect the probable intent of Congress.

Amendment of subsec. (b)(2)(A)(ii) by Pub. L. 107–210, §3107(a)(2), was executed after amendment by Pub. L. 107–206, §3001[(a)](2), notwithstanding section 3001(c) of Pub. L. 107–206, set out as an Effective Date of 2002 Amendments note below, to reflect the probable intent of Congress.

Amendments

2020—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 116–164, §2(1), substituted "September 30, 2030" for "September 30, 2020".

Subsec. (b)(2)(A)(iv)(II). Pub. L. 116–164, §2(2), substituted "28" for "18".

Subsec. (b)(5)(D)(i). Pub. L. 116–164, §2(3), substituted "September 30, 2030" for "September 30, 2020".

2010—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 111–171, §3(1)(A)(i), substituted "September 30, 2020" for "September 30, 2010".

Subsec. (b)(2)(A)(iv)(II). Pub. L. 111–171, §3(1)(A)(ii), substituted "18" for "8".

Subsec. (b)(5)(D)(i). Pub. L. 111–171, §3(1)(B), substituted "September 30, 2020" for "September 30, 2010".

2008—Subsec. (b)(2)(A)(iii)(II)(cc), (IV)(dd). Pub. L. 110–246, §15408(1)(A), substituted "2010" for "2008".

Subsec. (b)(2)(A)(iv)(II). Pub. L. 110–246, §15408(1)(B), substituted "8" for "6".

Subsec. (b)(5)(D)(i). Pub. L. 110–246, §15408(2)(A), substituted "2010" for "2008".

Subsec. (b)(5)(D)(ii). Pub. L. 110–246, §15408(2)(B), substituted "set forth in section 3317(b)(5)" for "set forth in 3317(b)(5)".

2006—Subsec. (b)(2)(A)(v)(III). Pub. L. 109–432 added subcl. (III).

2005—Subsec. (a)(1). Pub. L. 109–53, §§107(d), 402(c), temporarily substituted "the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country" for "the Commonwealth of Puerto Rico and the United States Virgin Islands" in concluding provisions. See Effective and Termination Dates of 2005 Amendment note below.

Subsec. (b)(5)(G), (H). Pub. L. 109–53, §§107(d), 402(d), temporarily added subpars. (G) and (H). See Effective and Termination Dates of 2005 Amendment note below.

2004—Subsec. (b)(1)(B). Pub. L. 108–429, §1558(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "footwear not designated at the time of the effective date of this chapter as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;".

Subsec. (b)(2)(A)(i). Pub. L. 108–429, §2004(b)(2), amended directory language of Pub. L. 107–210, §3107(a)(1)(B). See Codification note above and 2002 Amendment note below.

Pub. L. 108–429, §2004(b)(1)(A), substituted "or both (including" for "(including" in introductory provisions.

Subsec. (b)(2)(A)(v)(I). Pub. L. 108–429, §2004(b)(1)(B), struck out ", from fabrics or yarn that is not formed in the United States or in one or more CBTPA beneficiary countries" after "countries".

Subsec. (b)(2)(A)(vii)(IV). Pub. L. 108–429, §2004(b)(1)(C), substituted "(i), (ii), or (ix)" for "(i) or (ii)".

Subsec. (b)(3)(A)(i). Pub. L. 108–429, §1558(2)(A), substituted "Subject to clauses (ii) and (iii)" for "Subject to clause (ii)".

Subsec. (b)(3)(A)(iii). Pub. L. 108–429, §1558(2)(B), added cl. (iii).

2002—Subsec. (b)(2)(A)(i). Pub. L. 107–210, §3107(a)(1)(B), as amended by Pub. L. 108–429, §2004(b)(2), substituted "Apparel articles entered on or after September 1, 2002, shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles entered on or after September 1, 2002, shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States." for "Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States." See Codification note above.

Pub. L. 107–210, §3107(a)(1)(A), added introductory provisions and struck out former introductory provisions which read as follows: "Apparel articles assembled in one or more CBTPA beneficiary countries from fabrics wholly formed and cut in the United States, from yarns wholly formed in the United States, (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed and cut in the United States) that are—".

Pub. L. 107–206, §3001[(a)](1), inserted at end "Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States." See Codification note above.

Subsec. (b)(2)(A)(ii). Pub. L. 107–210, §3107(a)(2), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: "Apparel articles cut in one or more CBTPA beneficiary countries from fabric wholly formed in the United States from yarns wholly formed in the United States (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed in the United States), if such articles are assembled in one or more such countries with thread formed in the United States. Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States." See Codification note above.

Pub. L. 107–206, §3001[(a)](2), inserted at end "Apparel articles shall qualify under the preceding sentence only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are knit fabrics, is carried out in the United States. Apparel articles shall qualify under the first sentence of this clause only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled, if the fabrics are woven fabrics, is carried out in the United States." See Codification note above.

Subsec. (b)(2)(A)(iii)(II). Pub. L. 107–210, §3107(a)(3), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "The amount referred to in subclause (I) is—

"(aa) 250,000,000 square meter equivalents during the 1-year period beginning on October 1, 2000, increased by 16 percent, compounded annually, in each succeeding 1-year period through September 30, 2004; and

"(bb) in each 1-year period thereafter through September 30, 2008, the amount in effect for the 1-year period ending on September 30, 2004, or such other amount as may be provided by law."

Subsec. (b)(2)(A)(iii)(IV). Pub. L. 107–210, §3107(a)(4), amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read as follows: "the amount referred to in subclause (III) is—

"(aa) 4,200,000 dozen during the 1-year period beginning on October 1, 2000, increased by 16 percent, compounded annually, in each succeeding 1-year period through September 30, 2004; and

"(bb) in each 1-year period thereafter, the amount in effect for the 1-year period ending on September 30, 2004, or such other amount as may be provided by law."

Subsec. (b)(2)(A)(iv). Pub. L. 107–210, §3107(a)(5), amended heading and text of cl. (iv) generally. Prior to amendment, text read as follows:

"(I) Subject to subclause (II), any apparel article classifiable under subheading 6212.10 of the HTS, if the article is both cut and sewn or otherwise assembled in the United States, or one or more of the CBTPA beneficiary countries, or both.

"(II) During the 1-year period beginning on October 1, 2001, and during each of the six succeeding 1-year periods, apparel articles described in subclause (I) of a producer or an entity controlling production shall be eligible for preferential treatment under subparagraph (B) only if the aggregate cost of fabric components formed in the United States that are used in the production of all such articles of that producer or entity during the preceding 1-year period is at least 75 percent of the aggregate declared customs value of the fabric contained in all such articles of that producer or entity that are entered during the preceding 1-year period.

"(III) The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under subparagraph (B) during any succeeding 1-year period until the aggregate cost of fabric components formed in the United States used in the production of such articles of that producer or entity in the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric contained in all such articles of that producer or entity that are entered during the preceding 1-year period."

Subsec. (b)(2)(A)(vii)(V). Pub. L. 107–210, §3107(a)(6), added subcl. (V).

Subsec. (b)(2)(A)(ix). Pub. L. 107–210, §3107(a)(7), added cl. (ix).

2000—Subsec. (a)(1). Pub. L. 106–200, §211(e)(1)(B), inserted "and except as provided in subsection (b)(2) and (3)," after "Tax Reform Act of 1986," in introductory provisions.

Subsec. (a)(5). Pub. L. 106–200, §212(1), made technical amendment to reference in original act which appears in text as reference to this chapter.

Subsec. (a)(6). Pub. L. 106–200, §212(2), added par. (6).

Subsec. (b). Pub. L. 106–200, §211(a), inserted heading and amended text generally. Prior to amendment, text read as follows: "The duty-free treatment provided under this chapter shall not apply to—

"(1) textile and apparel articles which are subject to textile agreements;

"(2) footwear not designated at the time of the effective date of this chapter as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974;

"(3) tuna, prepared or preserved in any manner, in airtight containers;

"(4) petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States;

"(5) watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply; or

"(6) articles to which reduced rates of duty apply under subsection (h) of this section."

1994—Subsec. (d). Pub. L. 103–465 amended subsec. (d) generally, substituting present provisions for provisions which established price support program protection for certain agricultural products from beneficiary countries.

1990—Subsec. (a)(5). Pub. L. 101–382, §215(a), added par. (5).

Subsec. (b)(2). Pub. L. 101–382, §212(b)(1), struck out ", handbags, luggage, flat goods, work gloves, and leather wearing apparel" after "footwear".

Subsec. (b)(6). Pub. L. 101–382, §212(b)(2)–(4), added par. (6).

Subsec. (h). Pub. L. 101–382, §212(a), added subsec. (h).

1988—Subsec. (b)(4). Pub. L. 100–418, §1214(q)(2)(A)(i), substituted "headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States" for "part 10 of schedule 4 of the TSUS".

Subsec. (b)(5). Pub. L. 100–418, §1214(q)(2)(A)(ii), substituted "HTS" for "TSUS".

Subsec. (c)(1)(A)(i). Pub. L. 100–418, §1214(q)(2)(B)(i), substituted "subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States" for "items 155.20 and 155.30 of the TSUS".

Subsec. (c)(1)(A)(ii). Pub. L. 100–418, §1214(q)(2)(B)(ii), substituted "chapters 2 and 16 of the Harmonized Tariff Schedule of the United States" for "subpart B of part 2 of schedule 1 of the TSUS".

Subsec. (d). Pub. L. 100–418, §1214(q)(2)(C), substituted "subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States" for "items 155.20 and 155.30 of the TSUS".

Subsec. (e)(1). Pub. L. 100–418, §1401(b)(2)(A), substituted "provided under chapter 1 of title II" for "proclaimed pursuant to section 203".

Subsec. (e)(2). Pub. L. 100–418, §1401(b)(2)(B), substituted "section 202(f)" for "section 201(d)(1)".

Subsec. (e)(3). Pub. L. 100–418, §1401(b)(2)(C), substituted "section 203" for "(a) and (c) of section 203".

Subsec. (e)(4). Pub. L. 100–418, §1401(b)(2)(D), substituted "taken under section 203" for "made under subsections (a) and (c) of section 203", "under section 202(b) of the Trade Act of 1974" for "under section 201(b) of the Trade Act of 1974", and "under such section" for "under section 201(b) of such Act".

Subsec. (e)(5)(A). Pub. L. 100–418, §1401(b)(2)(E)(i), substituted "action taken under section 203" for "proclamation issued pursuant to section 203".

Subsec. (e)(5)(B). Pub. L. 100–418, §1401(b)(2)(E)(ii), substituted "to any such action" for "to import relief", "such action" for "such import relief", and "section 203" for "subsections (h) and (i) of section 203".

Subsec. (f)(4)(A). Pub. L. 100–418, §1401(b)(2)(F)(i), substituted "taking of action under section 203" for "proclamation of import relief pursuant to section 202(a)(1)".

Subsec. (f)(4)(B). Pub. L. 100–418, §1401(b)(2)(F)(ii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "on the day the President makes a determination pursuant to section 203(b)(2) of such Act [19 U.S.C. 2253(b)(2)] not to impose import relief,".

Subsec. (f)(5)(A). Pub. L. 100–418, §1214(q)(2)(D)(i), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "live plants provided for in subpart A of part 6 of schedule 1 of the TSUS;".

Subsec. (f)(5)(B). Pub. L. 100–418, §1214(q)(2)(D)(ii), substituted "headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS" for "items 135.10 through 138.46 of the TSUS".

Subsec. (f)(5)(C). Pub. L. 100–418, §1214(q)(2)(D)(iv), as amended by Pub. L. 100–647, §9001(a)(14), redesignated subpar. (D) as (C) and substituted "subheadings 0804.20 through 0810.90 (except citrons of subheading 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; and" for "items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS;".

Pub. L. 100–418, §1214(q)(2)(D)(iii), struck out subpar. (C) "fresh mushrooms provided for in item 144.10 of the TSUS;".

Subsec. (f)(5)(D). Pub. L. 100–418, §1214(q)(2)(D)(vi), as amended by Pub. L. 100–647, §9001(a)(14)(C), redesignated subpar. (F) as (D) and substituted "subheading 2009.11.00, 2009.19.40, 2009.30.20, and 2009.30.60 of the HTS" for "item 165.35 of the TSUS". Former subpar. (D) redesignated (C).

Subsec. (f)(5)(E). Pub. L. 100–418, §1214(q)(2)(D)(v), struck out subpar. (E) "fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and".

Subsec. (f)(5)(F). Pub. L. 100–418, §1214(q)(2)(D)(vi), as amended by Pub. L. 100–647, §9001(a)(14)(C), redesignated subpar. (F) as (D).

1986—Subsec. (a)(1). Pub. L. 99–514, §423(f)(2), inserted "and subject to section 423 of the Tax Reform Act of 1986," after "eligibility by this chapter,".

Subsec. (a)(3), (4). Pub. L. 99–514, §1890(1), redesignated par. (3) relating to products of a beneficiary country imported directly into Puerto Rico as (4), realigned the margins, and substituted "any beneficiary" for "such".

Subsec. (f)(5)(B). Pub. L. 99–514, §1890(2), substituted "138.46" for "138.42".

1984—Subsec. (a)(3). Pub. L. 98–573 added par. (3) relating to products of a beneficiary country imported directly from such country into Puerto Rico.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 15408 of Pub. L. 110–246 effective June 18, 2008, see section 15412(a) of Pub. L. 110–246, set out as a note under section 2703a of this title.

Effective Date of 2006 Amendment

Pub. L. 109–432, div. D, title V, §5006, Dec. 20, 2006, 120 Stat. 3190, provided that: "This title [enacting section 2703a of this title, amending this section and section 3203 of this title, and enacting provisions set out as a note under section 2701 of this title] and the amendments made by this title apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Dec. 20, 2006]."

Effective and Termination Dates of 2005 Amendment

Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title.

Effective Date of 2004 Amendment

Except as otherwise provided, amendment by section 1558 of Pub. L. 108–429 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 3, 2004, see section 1571 of Pub. L. 108–429, set out as a note under section 1313 of this title.

Effective Date of 2002 Amendments

Pub. L. 107–210, div. C, title XXXI, §3107(b), Aug. 6, 2002, 116 Stat. 1038, provided that: "The amendment made by subsection (a)(3) [amending this section] shall take effect on October 1, 2002."

Pub. L. 107–206, title III, §3001(c), Aug. 2, 2002, 116 Stat. 910, provided that: "Subsection (b) [enacting provisions set out as a note under section 3203 of this title] and the amendments made by subsection (a) [amending this section] shall take effect—

"(1) 90 days after the date of the enactment of this Act [Aug. 2, 2002], or

"(2) September 1, 2002,

whichever occurs first."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of this title.

Effective Date of 1990 Amendment

Pub. L. 101–382, title II, §215(b), Aug. 20, 1990, 104 Stat. 657, provided that:

"(1) The amendment made by subsection (a) [amending this section] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 1, 1990.

"(2) Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, upon proper request filed with the appropriate customs officer after September 30, 1990, and before April 1, 1991, any entry, or withdrawal from warehouse—

"(A) which was made after August 5, 1983, and before October 1, 1990, and with respect to which liquidation has not occurred before October 1, 1990, and

"(B) with respect to which there would have been no duty, or a lesser duty, if the amendment made by subsection (a) applied,

shall be liquidated as though such amendment applied to such entry or withdrawal."

Effective Date of 1988 Amendments

Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.

Amendment by section 1214(q)(2) of Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title.

Amendment by section 1401(b)(2) of Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§2251 et seq.) of subchapter II of chapter 12 of this title on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–514, title IV, §423(g), Oct. 22, 1986, 100 Stat. 2233, provided that:

"(1) The provisions of, and the amendments made by, this section (other than subsection (e)) [amending this section and General Headnote 3(a)(i) of the Tariff Schedules of the United States formerly set out under section 1202 of this title and enacting provisions set out as a note below] shall apply to articles entered—

"(A) after December 31, 1986, and

"(B) before the expiration of the effective period of item 901.50 of the Appendix to the Tariff Schedules of the United States [now heading 9901.00.50 of the Harmonized Tariff Schedule of the United States; effective period expired Jan. 1, 2012].

"(2) The provisions of subsection (e) [set out as a note below] shall take effect on the date of the enactment of this Act [Oct. 22, 1986]."

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (c)(4) relating to submitting a written report to Congress by March 15 following the close of each biennium, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 25 of House Document No. 103–7.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Entries of Certain Apparel Articles Pursuant to the Caribbean Basin Economic Recovery Act

Pub. L. 108–429, title II, §2004(g), Dec. 3, 2004, 118 Stat. 2593, provided that:

"(1) In general.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Customs Service [Bureau of Customs and Border Protection] shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or consultation levels entries of articles described in paragraph (4) made on or after October 1, 2000.

"(2) Requests.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if a request therefor is filed with the Customs Service within 90 days after the date of the enactment of this Act [Dec. 3, 2004] and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located.

"(3) Payment of amounts owed.—Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid not later than 180 days after the date of such liquidation or reliquidation.

"(4) Entries.—The entries referred to in paragraph (1) are entries of apparel articles (other than socks provided for in heading 6115 of the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under section 1202 of this title]) that meet the requirements of section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2703(b)(2)(A)] (as amended by section 3107(a) of the Trade Act of 2002 [Pub. L. 107–210] and subsection (b) of this section)."

Reference to Customs Service Considered Reference to Bureau of Customs and Border Protection in Pub. L. 108–429

Pub. L. 108–429, title V, §5001, Dec. 3, 2004, 118 Stat. 2604, provided that: "Except as otherwise expressly provided, any reference in this Act [see Short Title of 2004 Amendment note set out under section 1654 of this title] to the 'United States Customs Service' or the 'Customs Service' shall be considered to be a reference to the 'Bureau of Customs and Border Protection' of the Department of Homeland Security."

Ethyl Alcohol and Mixtures Thereof for Fuel Use

Pub. L. 99–514, title IV, §423(a)–(c), (e), Oct. 22, 1986, 100 Stat. 2230–2232, as amended by Pub. L. 100–418, title I, §1910(a), Aug. 23, 1988, 102 Stat. 1319; Pub. L. 101–221, §7(a), Dec. 12, 1989, 103 Stat. 1890, provided that:

"(a) In General.—Except as provided in subsection (b), no ethyl alcohol or a mixture thereof may be considered—

"(1) for purposes of general headnote 3(a) of the Tariff Schedules of the United States [formerly set out under section 1202 of this title], to be—

"(A) the growth or product of an insular possession of the United States,

"(B) manufactured or produced in an insular possession from materials which are the growth, product, or manufacture of any such possession, or

"(C) otherwise eligible for exemption from duty under such headnote as the growth or product of an insular possession; or

"(2) for purposes of section 213 of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2703], to be—

"(A) an article that is wholly the growth, product, or manufacture of a beneficiary country,

"(B) a new or different article of commerce which has been grown, produced, or manufactured in a beneficiary country,

"(C) a material produced in a beneficiary country, or

"(D) otherwise eligible for duty-free treatment under such Act [19 U.S.C. 2701 et seq.] as the growth, product, or manufacture of a beneficiary country;

unless the ethyl alcohol or mixture thereof is an indigenous product of that insular possession or beneficiary country.

"(b) Exception.—

"(1) Subject to the limitation in paragraph (2), subsection (a) shall not apply to ethyl alcohol that is imported into the United States during calendar years 1987, 1988, and 1989 and produced in—

"(A) an azeotropic distillation facility located in a beneficiary country, if that facility was established before, and in operation on, July 1, 1987,

"(B) an azeotropic distillation facility—

"(i) at least 50 percent of the total value of the equipment and components of which were—

     "(I) produced in the United States, and

     "(II) owned by a corporation at least 50 percent of the total value of the outstanding shares of stock of which were owned by a United States person (or persons) on or before January 1, 1986, and

"(ii) substantially all of the equipment and components of which were, on or before January 1, 1986—

     "(I) located in the United States under the possession or control of such corporation,

     "(II) ready for shipment to, and installation in, a beneficiary country or an insular possession of the United States, and

"(iii) which—

     "(I) has on the date of enactment of this Act [Oct. 22, 1986], or

     "(II) will have at the time such facility is placed in service (based on estimates made before the date of enactment of this Act),

 a stated capacity to produce not more than 42,000,000 gallons of such product per year, or

"(C) a distillation facility operated by a corporation which, before the date of enactment of the Omnibus Trade Act of 1987 [probably means the Omnibus Trade and Competitiveness Act of 1988, Pub. L. 100–418, which was approved Aug. 23, 1988]—

"(i) has completed engineering and design of a full-scale fermentation facility in the United States Virgin Islands, and

"(ii) has obtained authorization from authorities of the United States Virgin Islands to operate a full-scale fermentation facility.

"(2) The exception provided under paragraph (1) shall cease to apply during each of calendar years 1987, 1988, and 1989 to ethyl alcohol produced in a facility described in subparagraph (A), (B), or (C) of paragraph (1) after 20,000,000 gallons of ethyl alcohol produced in that facility are entered into the United States during that year.

"(c) Definitions.—For purposes of this section [amending this section and General Headnote 3(a)(i) of the Tariff Schedules of the United States formerly set out under section 1202 of this title and enacting provisions set out as notes under this section]—

"(1) The term 'ethyl alcohol or a mixture thereof' means (except for purposes of subsection (e)) ethyl alcohol or any mixture thereof described in item 901.50 of the Appendix to the Tariff Schedules of the United States [now heading 9901.00.50 of the Harmonized Tariff Schedule of the United States, which is not classified to the Code].

"(2) Ethyl alcohol or a mixture thereof that is produced by a process of full fermentation in an insular possession or beneficiary country shall be treated as being an indigenous product of that possession or country.

"(3)(A) Ethyl alcohol and mixtures thereof that are only dehydrated within an insular possession or beneficiary country (hereinafter in this paragraph referred to as 'dehydrated alcohol and mixtures') shall be treated as being indigenous products of that possession or country only if the alcohol or mixture, when entered, meets the applicable local feedstock requirement.

"(B) The local feedstock requirement with respect to any calendar year is—

"(i) 0 percent with respect to the base quantity of dehydrated alcohol and mixtures that is entered;

"(ii) 30 percent with respect to the 35,000,000 gallons of dehydrated alcohol and mixtures next entered after the base quantity; and

"(iii) 50 percent with respect to all dehydrated alcohol and mixtures entered after the amount specified in clause (ii) is entered.

"(C) For purposes of this paragraph:

"(i) The term 'base quantity' means, with respect to dehydrated alcohol and mixtures entered during any calendar year, the greater of—

"(I) 60,000,000 gallons; or

"(II) an amount (expressed in gallons) equal to 7 percent of the United States domestic market for ethyl alcohol, as determined by the United States International Trade Commission, during the 12-month period ending on the preceding September 30;

  that is first entered during that calendar year.

"(ii) The term 'local feedstock' means hydrous ethyl alcohol which is wholly produced or manufactured in any insular possession or beneficiary country.

"(iii) The term 'local feedstock requirement' means the minimum percent, by volume, of local feedstock that must be included in dehydrated alcohol and mixtures.

"(4) The term 'beneficiary country' has the meaning given to such term under section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702).

"(5) The term 'United States person' has the meaning given to such term by section 7701(a)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 7701(a)(3)].

"(6) The term 'entered' means entered, or withdrawn from warehouse, for consumption in the customs territory of the United States.

"(e) Drawbacks.—

"(1) For purposes of subsections (b) and (j)(2) of section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 1888(2) of this Act, any ethyl alcohol (provided for in item 427.88 of the Tariff Schedules of the United States [not classified to the Code]) or mixture containing such ethyl alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) which is subject to the additional duty imposed by item 901.50 of the Appendix to such Schedules may be treated as being fungible with, or of being of the same kind and quality as, any other imported ethyl alcohol (provided for in item 427.88 of such Schedules) or mixture containing such ethyl alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) only if such other imported ethyl alcohol or mixture thereof is also subject to such additional duty.

"(2) Paragraph (1) shall not apply with respect to ethyl alcohol (provided for in item 427.88 of the Tariff Schedules of the United States) or mixture containing such ethly [ethyl] alcohol (provided for in part 1, 2, or 10 of schedule 4 of such Schedules) that is exempt from the additional duty imposed by item 901.50 of the Appendix to such Schedules by reason of—

"(A) subsection (b), or

"(B) any agreement entered into under section 102(b) of the Trade Act of 1974 [19 U.S.C. 2112(b)]."

[Pub. L. 101–221, §7(b), Dec. 12, 1989, 103 Stat. 1891, as amended by Pub. L. 101–382, title II, §225, Aug. 20, 1990, 104 Stat. 660, provided that: "The amendments made by subsection (a) [amending section 423(c) of Pub. L. 99–514, set out above] shall apply with respect to calendar years after 1989."]

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Duty-Free Treatment of Imported Rum; Compensation Measures; Presidential Authority; Report to Congress

Pub. L. 98–67, title II, §214(c), Aug. 5, 1983, 97 Stat. 393, as amended by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "If the sum of the amounts of taxes covered into the treasuries of Puerto Rico or the United States Virgin Islands pursuant to section 7652(c) of the Internal Revenue Code of 1986 [26 U.S.C. 7652(c)] is reduced below the amount that would have been covered over if the imported rum had been produced in Puerto Rico or the United States Virgin Islands, then the President shall consider compensation measures and, in this regard, may withdraw the duty-free treatment on rum provided by this title [this chapter]. The President shall submit a report to the Congress on the measures he takes."

Proc. No. 7351. To Implement the United States-Caribbean Basin Trade Partnership Act

Proc. No. 7351, Oct. 2, 2000, 65 F.R. 59329, provided in pars. (3) and (5) that the United States Trade Representative (USTR) is authorized to determine whether each designated beneficiary country has satisfied the requirements of subsec. (b)(4)(A)(ii) of this section relating to the implementation of procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the North American Free Trade Agreement and to exercise the authority provided to the President under section 2483 of this title to embody modifications and technical or conforming changes in the Harmonized Tariff Schedule of the United States (HTS) and is directed to set forth any such determination in a notice to be published in the Federal Register, and that such notice would modify general note 17 of the HTS by listing the countries that satisfy the requirements of subsec. (b)(4)(A)(ii) of this section, effective Oct. 2, 2000, except that the modifications to the HTS made by the Annex to the proclamation, as further modified by any notice to be published in the Federal Register, would be effective on the date announced by the USTR in such notice.

Ex. Ord. No. 13191. Implementation of the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Partnership Act

Ex. Ord. No. 13191, Jan. 17, 2001, 66 F.R. 7271, as amended by Proc. No. 7912, par. 13, June 29, 2005, 70 F.R. 37963, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the African Growth and Opportunity Act (Title I of Public Law 106–200) [19 U.S.C. 3701 et seq.] (AGOA), the United States-Caribbean Basin Trade Partnership Act (Title II of Public Law 106–200) [see Short Title of 2000 Amendment note set out under section 2701 of this title] (CBTPA), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), and section 301 of title 3, United States Code, and in order to expand international trade and enhance our economic partnership with sub-Saharan Africa and the Caribbean Basin, promote investment and economic development and reduce poverty in those regions, and create new economic opportunities for American workers and businesses, it is hereby ordered as follows:

Part I—Implementation of the AGOA

Section 1. Apparel Articles Assembled from Fabrics or Yarn Not Available in Commercial Quantities. The Committee for the Implementation of Textile Agreements (the "Committee") is authorized to exercise the authority vested in the President under section 112(b)(5)(B)(i) of the AGOA (19 U.S.C. 3721(b)(5)(B)(i)) to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner. The Committee shall establish procedures to ensure appropriate public participation in any such determination. The Committee and the United States Trade Representative (USTR) are jointly authorized to exercise the authority vested in the President under sections 112(b)(5)(B)(ii), (iii), and (v) of the AGOA (19 U.S.C. 3721(b)(5)(B)(ii), (iii), and (v)) to obtain advice from the appropriate advisory committee, to submit a report to the appropriate Congressional committees, and to consult with those Congressional committees. The USTR is authorized to exercise the authority vested in the President under section 112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S. International Trade Commission (USITC).

Sec. 2. Handloomed, Handmade, and Folklore Articles and Ethnic Printed Fabrics. The Committee, after consultation with the Commissioner, United States Customs Service (Commissioner), is authorized to exercise the authority vested in the President under section 112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to consult with beneficiary sub-Saharan African countries and to determine which, if any, particular textile and apparel goods shall be treated as being handloomed, handmade, or folklore articles or ethnic printed fabrics. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 3. Certain Interlinings. The Committee is authorized to exercise the authority vested in the President under section 112(d)(1)(B)(iii) of the AGOA (19 U.S.C. 3721(d)(1)(B)(iii)) to determine whether U.S. manufacturers are producing interlinings in the United States in commercial quantities. The Committee shall establish procedures to ensure appropriate public participation in any such determination. The determination or determinations of the Committee under this section shall be set forth in a notice or notices that the Committee shall cause to be published in the Federal Register. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 4. Penalties for Transshipments. The Committee, after consultation with the Commissioner, is authorized to exercise the authority vested in the President under section 113(b)(3) of the AGOA (19 U.S.C. 3722(b)(3)) to determine, based on sufficient evidence, whether an exporter has engaged in transshipment and to deny for a period of 5 years all benefits under section 112 of the AGOA (19 U.S.C. 3721) to any such exporter, any successor of such exporter, and any other entity owned or operated by the principal of such exporter. The determination or determinations of the Committee under this section shall be set forth in a notice or notices that the Committee shall cause to be published in the Federal Register. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 5. Effective Visa Systems. Pursuant to sections 112(a) and 113(a)(1) of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)), the USTR is authorized to direct the Commissioner to take such actions as may be necessary to ensure that textile and apparel articles described in section 112(b) of the AGOA (19 U.S.C. 3721(b)) that are entered, or withdrawn from warehouse, for consumption are accompanied by an appropriate export visa, if the preferential treatment described in section 112(a) of the AGOA is claimed with respect to such articles.

Part II—Implementation of the CBTPA

Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not Available in Commercial Quantities. The Committee is authorized to exercise the authority vested in the President under section 213(b)(2)(A)(v)(II)(aa) of the CBERA (19 U.S.C. 2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a) of the CBTPA, to determine whether yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner. The Committee shall establish procedures to ensure appropriate public participation in any such determination. The Committee and the USTR are jointly authorized to exercise the authority vested in the President under sections 213(b)(2)(A)(v)(II)(bb), (cc), and (ee) of the CBERA (19 U.S.C. 2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section 211(a) of the CBTPA, to obtain advice from the appropriate advisory committee, to submit a report to the appropriate Congressional committees, and to consult with those Congressional committees. The USTR is authorized to exercise the authority vested in the President under section 213(b)(2)(A)(v)(II)(bb) of the CBERA to obtain advice from the USITC.

Sec. 7. Certain Interlinings. The Committee is authorized to exercise the authority vested in the President under section 213(b)(2)(A)(vii)(II)(cc) of the CBERA (19 U.S.C. 2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a) of the CBTPA, to determine whether U.S. manufacturers are producing interlinings in the United States in commercial quantities. The Committee shall establish procedures to ensure appropriate public participation in any such determination. The determination or determinations of the Committee under this section shall be set forth in a notice or notices that the Committee shall cause to be published in the Federal Register. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 8. Handloomed, Handmade, and Folklore Articles. The Committee, after consultation with the Commissioner, is authorized to exercise the authority vested in the President under section 213(b)(2)(C) of the CBERA (19 U.S.C. 2703(b)(2)(C)), as added by section 211(a) of the CBTPA, to consult with representatives of CBTPA beneficiary countries for the purpose of identifying particular textile and apparel goods that are mutually agreed upon as being handloomed, hand made, or folklore goods within the meaning of that section. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 9. Penalties for Transshipments. The Committee, after consultation with the Commissioner, is authorized to exercise the authority vested in the President under section 213(b)(2)(D) of the CBERA (19 U.S.C. 2703(b)(2)(D)), as added by section 211(a) of the CBTPA, to determine, based on sufficient evidence, whether an exporter has engaged in transshipment and, if transshipment has occurred, to deny all benefits under the CBTPA to any such exporter, and any successor of such exporter, for a period of 2 years; to request that any CBTPA beneficiary country through whose territory transshipment has occurred take all necessary and appropriate actions to prevent such transshipment; and to impose the penalty provided in section 213(b)(2)(D)(ii) of the CBERA on a CBTPA beneficiary country if the Committee determines that such country is not taking such actions. The determination or determinations of the Committee under this section shall be set forth in a notice or notices that the Committee shall cause to be published in the Federal Register. The Commissioner shall take such actions to carry out any such determination as directed by the Committee.

Sec. 10. Bilateral Emergency Tariff Actions. The Committee is authorized to exercise the authority vested in the President under section 213(b)(2)(E) of the CBERA (19 U.S.C. 2703(b)(2)(E)), as added by section 211(a) of the CBTPA, to take bilateral emergency tariff actions, if the Committee determines that the conditions provided in section 213(b)(2)(E) of the CBERA are satisfied. The Committee shall establish procedures to ensure appropriate public participation in any such determination. The determination or determinations of the Committee under this section shall be set forth in a notice or notices that the Committee shall cause to be published in the Federal Register. The Commissioner shall take such actions to carry out any such bilateral emergency tariff action as directed by the Committee.

Part III—General Provisions

Sec. 11. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.