This chapter, referred to in subsecs. (a)(1)(B) and (f), was in the original “this Act” and was translated as reading “this title”, meaning title II of Pub. L. 102–182 which enacted this chapter, to reflect the probable intent of Congress.
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(1)(B), (4), is title II of Pub. L. 98–67,
Section 223 of the Caribbean Basin Economic Recovery Expansion Act of 1990, referred to in subsec. (a)(4), is section 223 of Pub. L. 101–382, title II,
The effective date of this chapter, referred to in subsec. (b)(1)(A), means the date of enactment of Pub. L. 102–182, which was approved
The Trade Act of 1974, referred to in subsecs. (b)(1)(A), (D), and (c)(1), is Pub. L. 93–618,
The Andean Trade Promotion and Drug Eradication Act, referred to in subsec. (b)(6)(E), is title XXXI of Pub. L. 107–210, div. C,
2011—Subsec. (b)(3)(B)(iii)(II). Pub. L. 112–42, § 501(b)(1)(A)(i), substituted “10 succeeding 1-year periods” for “8 succeeding 1-year periods”.
Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 112–42, § 501(b)(1)(A)(ii), substituted “and for the succeeding 5-year period” for “and for the succeeding 3-year period”.
Subsec. (b)(3)(B)(v)(II). Pub. L. 112–42, § 501(b)(1)(B), substituted “9 succeeding 1-year periods” for “7 succeeding 1-year periods”.
Subsec. (b)(3)(E)(ii)(II). Pub. L. 112–42, § 501(b)(2), substituted “
2010—Subsec. (b)(3)(E)(ii)(II). Pub. L. 111–344 substituted “
2009—Subsec. (b)(3)(B)(iii)(II). Pub. L. 111–124, § 2(b)(1)(A)(i), substituted “8 succeeding 1-year periods” for “7 succeeding 1-year periods”.
Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 111–124, § 2(b)(1)(A)(ii), substituted “and for the succeeding 3-year period” for “and for the succeeding 2-year period”.
Subsec. (b)(3)(B)(v)(II). Pub. L. 111–124, § 2(b)(1)(B), substituted “7 succeeding 1-year periods” for “6 succeeding 1-year periods”.
Subsec. (b)(3)(E)(ii)(II). Pub. L. 111–124, § 2(b)(2), substituted “
2008—Subsec. (b)(3)(B)(iii)(II). Pub. L. 110–436, § 1(b)(1)(A)(i), substituted “7 succeeding 1-year periods” for “6 succeeding 1-year periods”.
Pub. L. 110–191, § 2(b)(1)(A)(i), substituted “6 succeeding 1-year periods” for “5 succeeding 1-year periods”.
Subsec. (b)(3)(B)(iii)(III)(bb). Pub. L. 110–436, § 1(b)(1)(A)(ii), substituted “and for the succeeding 2-year period” for “and for the succeeding 1-year period”.
Pub. L. 110–191, § 2(b)(1)(A)(ii), inserted “and for the succeeding 1-year period,” after “for the 1-year period beginning
Subsec. (b)(3)(B)(v)(II). Pub. L. 110–436, § 1(b)(1)(B), substituted “6 succeeding 1-year periods” for “5 succeeding 1-year periods”.
Pub. L. 110–191, § 2(b)(1)(B), substituted “5 succeeding 1-year periods” for “4 succeeding 1-year periods”.
Subsec. (b)(3)(E)(ii)(II). Pub. L. 110–436, § 1(b)(2), substituted “
Pub. L. 110–191, § 2(b)(2), substituted “
2007—Subsec. (b)(3)(B)(iii)(II). Pub. L. 110–42, § 2(1)(A), substituted “The” for “Subject to section 3206 of this title, the” and “5 succeeding 1-year periods” for “4 succeeding 1-year periods”.
Subsec. (b)(3)(B)(iii)(III). Pub. L. 110–42, § 2(1)(B), substituted “means—” for “means” and “; and” for period, inserted item (aa) designation, and added item (bb).
Subsec. (b)(3)(B)(v)(II). Pub. L. 110–42, § 2(2), substituted “During” for “Subject to section 3206 of this title, during” and “4 succeeding 1-year periods” for “3 succeeding 1-year periods”.
2006—Subsec. (b)(3)(B)(iii)(II). Pub. L. 109–432, § 7003(1), substituted “Subject to section 3206 of this title, the preferential” for “The preferential”.
Subsec. (b)(3)(B)(v)(II). Pub. L. 109–432, § 7003(2), substituted “Subject to section 3206 of this title, during” for “During”.
Subsec. (b)(3)(B)(viii). Pub. L. 109–432, § 5005(b), added cl. (viii).
2004—Subsec. (b)(4)(B)(i). Pub. L. 108–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A ‘United States vessel’ is a vessel having a certificate of documentation with a fishery endorsement under chapter 121 of title 46.”
2002—Subsec. (a)(1). Pub. L. 107–210, § 3103(c)(2)(A), in introductory provisions, inserted “(or otherwise provided for)” after “eligibility” and “(or preferential treatment)” after “duty-free treatment”.
Subsec. (a)(2). Pub. L. 107–210, § 3103(c)(2)(B), substituted “paragraph (1)” for “subsection (a) of this section” in introductory provisions.
Subsec. (b). Pub. L. 107–210, § 3103(a)(2), substituted “Exceptions and special rules” for “Exceptions to duty-free treatment” in 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 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 HTS;
“(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;
“(6) articles to which reduced rates of duty apply under subsection (c) of this section;
“(7) sugars, syrups, and molasses classified in subheadings 1701.11.03, 1701.12.02, 1701.99.02, 1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or
“(8) rum and tafia classified in subheading 2208.40.00 of the HTS.”
Subsecs. (c) to (g). Pub. L. 107–210, § 3103(a)(1), redesignated subsecs. (d) to (g) as (c) to (f), respectively, and struck out former subsec. (c) which related to duty reductions for certain handbags, luggage, flat goods, work gloves, and leather wearing apparel of beneficiary countries.
1994—Subsec. (g). Pub. L. 103–465 added subsec. (g).
Amendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after
Amendment by section 5005(b) of Pub. L. 109–432 applicable to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after
Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (
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
Pub. L. 108–429, title II, § 2003, “(a) Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, and subject to subsection (c)—“(1) with respect to any article described in section 204(b)(1)(D) of the Andean Trade Preference Act [19 U.S.C. 3203(b)(1)(D)] (as amended by section 3103(a)(2) of the Trade Act of 2002 [Pub. L. 107–210]) for which the President proclaims duty free treatment pursuant to section 204(b)(1) of the Andean Trade Preference Act, the entry of any such article on or after “(2) such entries shall be liquidated or reliquidated as if the reduced duty preferential treatment applied, and the Secretary of the Treasury shall refund any excess duties paid with respect to such entry.“(b) As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption.“(c) Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service [Bureau of Customs and Border Protection], within 180 days after the date of the enactment of this Act [“(1) to locate the entry; or“(2) to reconstruct the entry if it cannot be located.”
Pub. L. 107–206, title III, § 3001(b),
[Section 3001(b) of Pub. L. 107–206, set out above, effective
For delegation of functions of President under div. C of Pub. L. 107–210, amending this section, see section 2 of Ex. Ord. No. 13277,
Proc. No. 7616,
1. Section 3103 of the Andean Trade Promotion and Drug Eradication Act (title XXXI of the Trade Act of 2002, Public Law 107–210) [see Tables for classification] (ATPDEA) amended section 204(b) of the Andean Trade Preference Act (19 U.S.C. 3203(b)) (ATPA) to provide that certain preferential tariff treatment may be provided to eligible articles that are the product of any country that the President designates as an “ATPDEA beneficiary country” pursuant to section 204(b)(6)(B) of the ATPA, as amended, provided that the President determines that the country has satisfied the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the implementation of procedures and requirements similar to those in chapter 5 of the North American Free Trade Agreement (NAFTA).
2. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the ATPA to authorize the President to proclaim duty-free treatment for any article described in section 204(b)(1)(A) through (D) of the ATPA, as amended, that is the growth, product, or manufacture of an ATPDEA beneficiary country, that is imported directly into the customs territory of the United States from an ATPDEA beneficiary country, and that meets the requirements of section 204 of the ATPA, as amended, if the President determines that such article is not import-sensitive in the context of imports from ATPDEA beneficiary countries, provided that the President determines that the country has satisfied the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the implementation of procedures and requirements similar to those in chapter 5 of the NAFTA.
3. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the ATPA to provide that eligible textile and apparel articles of a designated ATPDEA beneficiary country shall enter the United States free of duty and free of quantitative limitations, provided that the President determines that the country has satisfied the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the implementation of procedures and requirements similar to those in chapter 5 of the NAFTA.
4. Section 3103(a)(2) of the ATPDEA amended section 204(b) of the ATPA to provide that eligible tuna products of a designated ATPDEA beneficiary country shall enter the United States free of duty and free of quantitative limitations, provided that the President determines that the country has satisfied the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the implementation of procedures and requirements similar to those in chapter 5 of the NAFTA.
5. Section 203(e)(2)(A) of the ATPA (19 U.S.C. 3202(e)(2)(A)) requires the President to publish in the Federal Register notice of proposed action under section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) at least 30 days prior to taking such action. Section 212(e)(2)(A) of the Caribbean Basin Economic Recovery Act (CBERA) (19 U.S.C. 2702(e)(2)(A)) requires the President to publish in the Federal Register notice of proposed action under section 212(e)(1) of the CBERA (19 U.S.C. 2702(e)(1)) at least 30 days prior to taking such action.
6. In order to implement the tariff treatment provided under the ATPDEA, it is necessary to modify the Harmonized Tariff Schedule of the United States (HTS).
7. Section 604 of the Trade Act of 1974 (19 U.S.C. 2483) (1974 Trade Act) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including section 604 of the 1974 Trade Act, do proclaim as follows:
(1) I have designated the following countries as ATPDEA beneficiary countries pursuant to section 204(b)(6)(B) of the ATPA, as amended, and have determined that these countries have satisfied the requirements of section 204(b)(5)(A)(ii)(I) of the ATPA, as amended, relating to the implementation of procedures and requirements similar to those in chapter 5 of the NAFTA:
Bolivia
Colombia
Ecuador
Peru.
(2) In order to provide for the preferential treatment provided for in section 204(b) of the ATPA, as amended, the HTS is modified as provided in the annex to this proclamation.
(3) The functions of the President under section 203(e)(2)(A) of the ATPA and section 212(e)(2)(A) of the CBERA with respect to publishing notice of an action he proposes to take. [sic] are delegated to the United States Trade Representative.
(4) Any provisions of previous proclamations and Executive Orders that are inconsistent with this proclamation are superseded to the extent of such inconsistency.
(5) This proclamation is effective on the date of signature.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand two, and of the Independence of the United States of America the two hundred and twenty-seventh.
Proc. No. 8323,