§ 4301. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter:

(1)Automated Commercial Environment The term “Automated Commercial Environment” means the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title.

(2)Commercial operations of U.S. Customs and Border Protection The 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 States The 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.).

(B)Section 3 of this title.

(C)Section 6 of this title.

(D)The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.).

(E)Section 58c of this title.

(F)Section 66 of this title.

(G)Section 68 of this title.

(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”).

(I)Section 198 of this title.

(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.).1

(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 entity The term “private sector entity” means—

(A)an importer;

(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.)