19 U.S. Code § 4301 - Definitions

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§ 4301.
Definitions
In this chapter:
(1) Automated Commercial Environment
(2) Commercial operations of U.S. Customs and Border ProtectionThe term “commercial operations of U.S. Customs and Border Protection” includes—
(A)
administering any customs revenue function (as defined in section 215 of title 6);
(B)
coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement;
(C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to—
(i)
investigations relating to trade enforcement; and
(ii)
the development and implementation of the joint strategic plan required by section 4314 of this title;
(D)
coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts;
(E)
coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries;
(F) collecting, assessing, and disseminating information as appropriate and in accordance with any law regarding cargo destined for the United States
(i)
to ensure that such cargo complies with the customs and trade laws of the United States; and
(ii)
to facilitate the legitimate international trade of such cargo;
(G) soliciting and considering on a regular basis input from private sector entities, including the Commercial Customs Operations Advisory Committee established by section 4316 of this title and the Trade Support Network, with respect to, as appropriate—
(i)
the implementation of changes to the customs and trade laws of the United States; and
(ii)
the development, implementation, or revision of policies or regulations administered by U.S. Customs and Border Protection; and
(H)
otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate trade and enforcing the customs and trade laws of the United States.
(3) Commissioner

The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection, as described in section 211(b) of title 6.

(4) Customs and trade laws of the United StatesThe term “customs and trade laws of the United States” includes the following:
(A)
The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
(D)
The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.).
(H)
The Act of June 18, 1934 (48 Stat. 998, chapter 590; 19 U.S.C. 81a et seq.; commonly known as the “Foreign Trade Zones Act”).
(J)
The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(K)
The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.).
(L)
The North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.).
(M)
The Uruguay Round Agreements Act (19 U.S.C. 3501 et seq.).
(N)
The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.).
(O)
The Andean Trade Preference Act (19 U.S.C. 3201 et seq.).
(P)
The African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).
(Q)
The Customs Enforcement Act of 1986 (Public Law 99–570; 100 Stat. 3207–79).
(R)
The Customs and Trade Act of 1990 (Public Law 101–382; 104 Stat. 629).
(S)
The Customs Procedural Reform and Simplification Act of 1978 (Public Law 95–410; 92 Stat. 888).
(T)
The Trade Act of 2002 (Public Law 107–210; 116 Stat. 933).
(U)
The Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.).
(V)
The Act of March 28, 1928 (45 Stat. 374, chapter 266; 19 U.S.C. 2077 et seq.).
(W)
The Act of August 7, 1939 (53 Stat. 1262, chapter 566).
(X)
The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4201 et seq.).
(Y)
The Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 362).
(Z)
Any other provision of law implementing a trade agreement.
(AA)
Any other provision of law vesting customs revenue functions in the Secretary of the Treasury.
(BB)
Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. Customs and Border Protection on behalf of any Federal agency that is required to participate in the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)).
(CC)
Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(5) Private sector entityThe term “private sector entity” means—
(A)
(B)
an exporter;
(C)
a forwarder;
(D)
an air, sea, or land carrier or shipper;
(E)
a contract logistics provider;
(F)
a customs broker; or
(G)
any other person (other than an employee of a government) affected by the implementation of the customs and trade laws of the United States.
(6) Trade enforcement

The term “trade enforcement” means the enforcement of the customs and trade laws of the United States.

(7) Trade facilitation

The term “trade facilitation” refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.

(Pub. L. 114–125, § 2, Feb. 24, 2016, 130 Stat. 124.)
References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 122, known as the Trade Facilitation and Trade Enforcement Act of 2015, which, for purposes of defined terms, is classified principally to this chapter. For complete classification of Pub. L. 114–125 to the Code, see Short Title note set out below and Tables.

The Tariff Act of 1930, referred to in par. (4)(A), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.

Act of March 3, 1927, referred to in par. (4)(D), is act Mar. 3, 1927, ch. 348, 44 Stat. 1381, which is classified principally to sections 2071 to 2073 of this title. For complete classification of this Act to the Code, see Tables.

Act of June 18, 1934, referred to in par. (4)(H), is act June 18, 1934, ch. 590, 48 Stat. 998, popularly known as the Foreign Trade Zones Act, which is classified generally to chapter 1A (§ 81a et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 81a of this title and Tables.

The Trade Act of 1974, referred to in par. (4)(J), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.

The Trade Agreements Act of 1979, referred to in par. (4)(K), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of this title and Tables.

The North American Free Trade Agreement Implementation Act, referred to in par. (4)(L), is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.

The Uruguay Round Agreements Act, referred to in par. (4)(M), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of this title and Tables.

The Caribbean Basin Economic Recovery Act, referred to in par. (4)(N), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

The Andean Trade Preference Act, referred to in par. (4)(O), is title II of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1236, which is classified generally to chapter 20 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.

The African Growth and Opportunity Act, referred to in par. (4)(P), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified principally to chapter 23 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.

The Customs Enforcement Act of 1986, referred to in par. (4)(Q), is subtitle B of title III of Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207–79. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 1654 of this title and Tables.

The Customs and Trade Act of 1990, referred to in par. (4)(R), is Pub. L. 101–382, Aug. 20, 1990, 104 Stat. 629. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 2101 of this title and Tables.

The Customs Procedural Reform and Simplification Act of 1978, referred to in par. (4)(S), is Pub. L. 95–410, Oct. 3, 1978, 92 Stat. 888. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 1654 of this title and Tables.

The Trade Act of 2002, referred to in par. (4)(T), is Pub. L. 107–210, Aug. 6, 2002, 116 Stat. 933. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of this title and Tables.

The Convention on Cultural Property Implementation Act, referred to in par. (4)(U), is title III of Pub. L. 97–446, Jan. 12, 1983, 96 Stat. 2350, which is classified generally to chapter 14 (§ 2601 et seq.) of this title. For complete classification of this title to the Code, see Short Title note set out under section 2601 of this title and Tables.

Act of March 28, 1928, referred to in par. (4)(V), is act Mar. 28, 1928, ch. 266, 45 Stat. 374, which is classified generally to sections 2077 to 2080 of this title. For complete classification of this Act to the Code, see Tables.

Act of August 7, 1939, referred to in par. (4)(W), is act Aug. 7, 1939, ch. 566, 53 Stat. 1262, which is classified generally to 2077 to 2080 of this title. For complete classification of this Act to the Code, see Tables.

The Bipartisan Congressional Trade Priorities and Accountability Act of 2015, referred to in par. (4)(X), is title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to chapter 27 (§ 4201 et seq.) of this title. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables.

The Trade Preferences Extension Act of 2015, referred to in par. (4)(Y), is Pub. L. 114–27, June 29, 2015, 129 Stat. 362. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 2101 of this title and Tables.

Short Title

Pub. L. 114–125, § 1(a), Feb. 24, 2016, 130 Stat. 122, provided that:

“This Act [see Tables for classification] may be cited as the ‘Trade Facilitation and Trade Enforcement Act of 2015’.”

Pub. L. 114–125, title IV, § 401, Feb. 24, 2016, 130 Stat. 155, provided that:

“This title [enacting subchapter IV of this chapter and section 1517 of this title, amending sections 1675 and 1677f of this title and section 1581 of Title 28, Judiciary And Judicial Procedure, and enacting provisions set out as notes under section 1517 of this title] may be cited as the ‘Enforce and Protect Act of 2015’.”

Pub. L. 114–125, title VIII, § 801, Feb. 24, 2016, 130 Stat. 199, provided that:

“This title [see Tables for classification] may be cited as the ‘U.S. Customs and Border Protection Authorization Act’.”

Pub. L. 114–125, title VIII, § 811, Feb. 24, 2016, 130 Stat. 217, provided that:

“This subtitle [subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, enacting subchapter VII of this chapter and amending section 8311 of Title 7, Agriculture, section 1356 of Title 8, Aliens and Nationality, and section 44901 of Title 49, Transportation] may be cited as the ‘Preclearance Authorization Act of 2015’.”

 

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