Collapse to view only § 4403. Honey transshipment
- § 4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties
- § 4402. Illicitly imported, exported, or trafficked cultural property, archaeological or ethnological materials, and fish, wildlife, and plants
- § 4403. Honey transshipment
- § 4404. Report on actions taken by United States Trade Representative
- § 4405. Trade Enforcement Trust Fund
§ 4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties
(a) In general
(b) Distributions described
Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made under section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to entries of merchandise that—
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not in litigation, and not under an order of liquidation from the Department of Commerce on December 8, 2010.
(c) Interest described
(1) Interest realized
Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with—
(A) a customs bond pursuant to a court order or judgment; or
(B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety.
(2) Types of interest
Interest described in paragraph (1) includes the following:
(A) Interest accrued under section 1677g of this title.
(B) Interest accrued under section 1505(d) of this title.
(C) Equitable interest under common law and interest under section 580 of this title awarded by a court against a surety under its bond for late payment of antidumping duties, countervailing duties, or interest described in subparagraph (A) or (B).
(d) Definitions
In this section:
(1) Antidumping duties
(2) Countervailing duties
(Pub. L. 114–125, title VI, § 605, Feb. 24, 2016, 130 Stat. 187.)
§ 4402. Illicitly imported, exported, or trafficked cultural property, archaeological or ethnological materials, and fish, wildlife, and plants
(a) In general
(b) Training
(Pub. L. 114–125, title VI, § 606, Feb. 24, 2016, 130 Stat. 188.)
§ 4403. Honey transshipment
(a) In general
(b) Country of origin
(1) In general
(2) Engagement with foreign governments
(3) Consultation with industry
(4) Consultation with Food and Drug Administration
(c) Report required
Not later than 180 days after February 24, 2016, the Commissioner shall submit to Congress a report that—
(1) describes and assesses the limitations in the existing analysis capabilities of laboratories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample; and
(2) includes any recommendations of the Commissioner for improving such capabilities.
(d) Sense of Congress
It is the sense of Congress that the Commissioner of Food and Drugs should promptly establish a national standard of identity for honey for the Commissioner of U.S. Customs and Border Protection to use to ensure that imports of honey are—
(1) classified accurately for purposes of assessing duties; and
(2) denied entry into the United States if such imports pose a threat to the health or safety of consumers in the United States.
(Pub. L. 114–125, title VI, § 608, Feb. 24, 2016, 130 Stat. 189.)
§ 4404. Report on actions taken by United States Trade Representative
Not later than one year after the appointment of the first Chief Innovation and Intellectual Property Negotiator pursuant to paragraph (2) of section 2171(b) of this title, as amended by subsection (a),1
1 See References in Text note below.
and annually thereafter, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail—(1) enforcement actions taken by the Trade Representative during the one-year period preceding the submission of the report to ensure the protection of United States innovation and intellectual property interests; and
(2) other actions taken by the Trade Representative to advance United States innovation and intellectual property interests.
(Pub. L. 114–125, title VI, § 609(c), Feb. 24, 2016, 130 Stat. 190.)
§ 4405. Trade Enforcement Trust Fund
(a) Establishment
(b) Transfer of amounts
(1) In general
(2) Limitation
(3) Frequency of transfers
(c) Investment of amounts
(1) Investment of amounts
(2) Interest and proceeds
(d) Availability of amounts from Trust Fund
(1) In generalThe United States Trade Representative shall, on the basis of the advice of the Trade Policy Committee and relevant subordinate bodies of the TPC, use or transfer for the use by Federal agencies represented on the TPC amounts in the Trust Fund, only as provided by appropriations Acts, for making expenditures for any of the following:
(A) To seek to enforce the provisions of and commitments and obligations under the WTO Agreements and free trade agreements to which the United States is a party and resolve any actions by foreign countries that are inconsistent with those provisions, commitments, and obligations.
(B) To monitor and ensure the full implementation by foreign countries of the provisions of and commitments and obligations under free trade agreements to which the United States is a party for purposes of systematically assessing, identifying, investigating, or initiating steps to address inconsistencies with those provisions, commitments, and obligations.
(C) To thoroughly investigate and respond to petitions under section 2412 of this title requesting that action be taken under section 2411 of this title.
(D) To support capacity-building efforts undertaken by the United States pursuant to any free trade agreement to which the United States is a party and to prioritize and give special attention to the timely, consistent, and robust implementation of the commitments and obligations of a party to that free trade agreement, including commitments and obligations related to trade in goods, trade in services, trade in agriculture, foreign investment, intellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state-controlled enterprises, localization barriers to trade, labor and the environment, currency, foreign currency manipulation, anticorruption, trade remedy laws, textiles, and commercial partnerships.
(E) To support capacity-building efforts undertaken by the United States pursuant to any such free trade agreement and to include performance indicators against which the progress and obstacles for the implementation of commitments and obligations can be identified and assessed within a meaningful time frame.
(2) Limitation
(e) Report
(f) Comptroller General study
(1) In generalThe Comptroller General of the United States shall conduct a study that includes the following:
(A) A comprehensive analysis of the trade enforcement expenditures of each Federal agency with responsibilities relating to trade that specifies, with respect to each such Federal agency—
(i) the amounts appropriated for trade enforcement; and
(ii) the number of full-time employees carrying out activities relating to trade enforcement.
(B) Recommendations on the additional employees and resources that each such Federal agency may need to effectively enforce the free trade agreements to which the United States is a party.
(2) Report
(g) DefinitionsIn this section:
(1) Trade Policy Committee; TPC
(2) WTO
(3) WTO agreement
(4) WTO agreements
(Pub. L. 114–125, title VI, § 611, Feb. 24, 2016, 130 Stat. 192.)