§4313 — Title 19 Customs Duties | U.S. Code

Summary

The Commissioner and the Director must run annual training seminars to do three things: help Customs and Border Protection (CBP) staff correctly classify and value imported goods, boost trade enforcement by CBP and Immigration and Customs Enforcement (ICE), and otherwise make it easier to carry out lawful international trade. The seminars must teach how to inspect and test imports to find mislabeling, how to check manifests and documents for correct country of origin, customs valuation, and relevant supply-chain topics. They must also cover improving collections of countervailing and antidumping duties, stopping duty evasion on textiles, protecting intellectual property, and enforcing child labor rules. All teaching materials need approval by the Commissioner and the Director. The Commissioner must set up a public process to pick private-sector contributors, publish that process and the selection criteria in the Federal Register, and choose helpers based on usefulness, and the volume/value of mislabeling or wrong origin, among other factors. A petitioner asking for help on a countervailing or antidumping order may be treated as an interested private party. The Commissioner and the Director must create performance standards for the seminars and report to Congress on their effectiveness by September 30, 2016, and every year after. Definitions: Director = Director of ICE; United States = the customs territory; CBP personnel = import specialists, auditors, and similar staff; ICE personnel = Homeland Security Investigations staff and similar employees.

Title 19, §4313

Customs Duties — Source: USLM XML via OLRC

(a)The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to—

(1)improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States;

(2)improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and

(3)otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade.

(b)(1)In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following:

(A)Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation.

(B)Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate.

(C)Customs valuation.

(D)Industry supply chains and other related matters as determined to be appropriate by the Commissioner.

(2)In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following:

(A)Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).

(B)Addressing evasion of duties on imports of textiles.

(C)Protection of intellectual property rights.

(D)Enforcement of child labor laws.

(3)The instruction and related instructional materials at each educational seminar carried out under this section shall be subject to the approval of the Commissioner and the Director.

(c)(1)The Commissioner shall establish a process to solicit, evaluate, and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each educational seminar carried out under this section.

(2)The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on—

(A)availability and usefulness;

(B)the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and

(C)other appropriate criteria established by the Commissioner.

(3)The Commissioner and the Director shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2).

(d)(1)The Commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of personnel of U.S. Customs and Border Protection to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) upon the request of a petitioner in an action underlying such countervailing or antidumping duty order.

(2)A petitioner described in paragraph (1) shall be treated as an interested party in the private sector for purposes of the requirements of this section.

(e)The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars carried out under this section.

(f)Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director shall submit to the appropriate congressional committees a report on the effectiveness of educational seminars carried out under this section.

(g)In this section:

(1)The term “Director” means the Director of U.S. Immigration and Customs Enforcement.

(2)The term “United States” means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States.

(3)The term “U.S. Customs and Border Protection personnel” means import specialists, auditors, and other appropriate employees of the U.S. Customs and Border Protection.

(4)The term “U.S. Immigration and Customs Enforcement personnel” means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. Immigration and Customs Enforcement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Tariff Act of 1930, referred to in subsec. (b)(2)(A), is act June 17, 1930, ch. 497, 46 Stat. 590. Subtitles A and B of title VII of the Act are classified generally to parts I (§ 671 et seq.) and II (§ 1673 et seq.), respectively, of subtitle IV of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. The Harmonized Tariff Schedule of the United States, referred to in subsec. (g)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

§4313 Educational Seminars to Improve Efforts to Classify and Appraise Imported Articles, to Improve Trade Enforcement Efforts, and to Otherwise Facilitate Legitimate International Trade

Summary

Title 19, §4313

Notes & Related Subsidiaries

Editorial Notes

References in Text

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