Title 19 — Customs DutiesRelease 119-73
§3206 Termination of preferential treatment
Title 19 › Chapter CHAPTER 20— - ANDEAN TRADE PREFERENCE › § 3206
Summary
The law ends duty-free and other special trade benefits for certain beneficiary countries on set dates. Colombia will stop getting the benefits after July 31, 2013. Peru will stop after December 31, 2010. Ecuador will stop after June 30, 2009, except the benefits stay in place from July 1, 2009 through July 31, 2013 unless the President reviews the rules in section 3202 and, by June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that Ecuador does not meet the requirements in section 3202(c) and that the President considered the factors in section 3202(d). Bolivia keeps benefits through June 30, 2009, but they will continue only from July 1, 2009 to December 31, 2009 if the President reviews the rules and, by June 30, 2009, reports to those same committees that Bolivia does meet the requirements in section 3202(c) and that the President considered the factors in section 3202(d). The President must make these decisions and explain the reasons to both committees by June 30, 2009.
Full Legal Text
Title 19, §3206
Customs Duties — Source: USLM XML via OLRC
(a)No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall—
(1)remain in effect—
(A)with respect to Colombia after July 31, 2013; and
(B)with respect to Peru after December 31, 2010;
(2)remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on July 31, 2013, unless the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—
(A)the President has determined that Ecuador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
(B)in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and
(3)remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—
(A)the President has determined that Bolivia satisfies the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
(B)in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title.
(b)On or before June 30, 2009, the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on—
(1)such determinations; and
(2)the reasons for such determinations.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2011—Subsec. (a)(1)(A), (2). Pub. L. 112–42 substituted “
July 31, 2013” for “
February 12, 2011”. 2010—Subsec. (a)(1). Pub. L. 111–344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “remain in effect with respect to Colombia or Peru after
December 31, 2010;”. Subsec. (a)(2). Pub. L. 111–344, § 201(b), substituted “
February 12, 2011” for “
December 31, 2010” in introductory provisions. 2009—Subsec. (a)(1), (2). Pub. L. 111–124 substituted “
December 31, 2010” for “
December 31, 2009”. 2008—Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: “No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after
December 31, 2008.” Pub. L. 110–191 substituted “
December 31, 2008” for “
February 29, 2008”. 2007—Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section, substituted “No” for “Subject to subsection (b), no” and “
February 29, 2008” for “
June 30, 2007”, and struck out subsec. (b), which provided for certain conditional extensions. 2006—Pub. L. 109–432 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), no” for “No” and “
June 30, 2007” for “
December 31, 2006”, and added subsec. (b). 2002—Pub. L. 107–210 substituted “Termination of preferential treatment” for “
Effective Date
and termination of duty-free treatment” in section catchline and amended text generally, substituting provisions establishing a termination date of Dec. 31, 2006, for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an
Effective Date
of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter.
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 112–42, set out in a note under section 3805 of this title. Retroactive Application for Certain Liquidations and Reliquidations Pub. L. 107–210, div. C, title XXXI, § 3104(b), Aug. 6, 2002, 116 Stat. 1034, 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, and subject to paragraph (3), the entry—“(A) of any article to which duty-free treatment (or preferential treatment) under the Andean Trade Preference Act (19 U.S.C. 3201 et seq.) would have applied if the entry had been made on
December 4, 2001, and “(B) that was made after
December 4, 2001, and before the date of the enactment of this Act [Aug. 6, 2002], shall be liquidated or reliquidated as if such duty-free treatment (or preferential treatment) applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. “(2) Entry.—As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption. “(3) Requests.—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, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service—“(A) to locate the entry; or “(B) to reconstruct the entry if it cannot be located.” [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 section 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.]
Reference
Citations & Metadata
Citation
19 U.S.C. § 3206
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73