Title 19Customs DutiesRelease 119-73

§3902 Definitions

Title 19 › Chapter CHAPTER 25— - CLEAN DIAMOND TRADE › § 3902

Last updated Apr 6, 2026|Official source

Summary

Defines key words used for the rules about rough diamonds and the Kimberley Process. Appropriate congressional committees are the House Ways and Means and House International Relations Committees, and the Senate Finance and Senate Foreign Relations Committees. An import or export of rough diamonds is “controlled through the Kimberley Process Certification Scheme” when it is sent to or from a Participant under the Kimberley Process rules in regulations the President issues, or under a system the President finds meets those standards. Exporting authority is the entity a Participant names to validate the Kimberley Process Certificate when diamonds leave its territory. Importing authority is the entity a Participant names to enforce import rules and check the Certificate when diamonds enter. A Kimberley Process Certificate is a forgery-resistant document from a Participant that shows the shipment was controlled under the scheme and includes the minimum items in Annex I. The Kimberley Process Certification Scheme means the standards and procedures in the document called “Kimberley Process Certification Scheme” cited in the Interlaken Declaration of November 5, 2002. A Participant is a state, customs territory, or regional economic integration organization identified by the Secretary of State. Person means an individual or business. Rough diamond means a diamond that is unworked or only sawn, cleaved, or bruted and classifiable under subheadings 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States. United States, geographically, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. United States person means U.S. citizens, people admitted for permanent residence in the United States, entities organized under U.S. law (including foreign branches), and any person in the United States.

Full Legal Text

Title 19, §3902

Customs Duties — Source: USLM XML via OLRC

In this chapter:
(1)The term “appropriate congressional committees” means the Committee on Ways and Means and the Committee on International Relations of the House of Representatives, and the Committee on Finance and the Committee on Foreign Relations of the Senate.
(2)An importation or exportation of rough diamonds is “controlled through the Kimberley Process Certification Scheme” if it is an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is—
(A)carried out in accordance with the Kimberley Process Certification Scheme, as set forth in regulations promulgated by the President; or
(B)controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the Kimberley Process Certification Scheme.
(3)The term “exporting authority” means 1 or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate.
(4)The term “importing authority” means 1 or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment.
(5)The term “Kimberley Process Certificate” means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I to the Kimberley Process Certification Scheme.
(6)The term “Kimberley Process Certification Scheme” means those standards, practices, and procedures of the international certification scheme for rough diamonds presented in the document entitled “Kimberley Process Certification Scheme” referred to in the Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002.
(7)The term “Participant” means a state, customs territory, or regional economic integration organization identified by the Secretary of State.
(8)The term “person” means an individual or entity.
(9)The term “rough diamond” means any diamond that is unworked or simply sawn, cleaved, or bruted and classifiable under subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States.
(10)The term “United States”, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(11)The term “United States person” means—
(A)any United States citizen or any alien admitted for permanent residence into the United States;
(B)any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and
(C)any person in the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Harmonized Tariff Schedule of the United States, referred to in par. (9), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date

For

Effective Date

of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 3902

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73