Examples of U.S. Customs and Trade Laws
| Shorthand Name |
Source | Target Entity(ies) |
Targeted Conduct | Decision-maker(s) |
| Customs Classification | 19 USC § 1202; Harmonized Tariff Schedule |
Importers | Report to Customs and Border Protection (“CBP”) correct tariff classification. | U.S. International Trade Commission establishes HTSUS, U.S. Customs and Border Protection (CBP) enforces reporting |
| Customs Valuation | 19 USC § 1401a | Importers | Report to CBP proper value of imported merchandise for purposes of calculating duties, taxes, and fees. |
U.S. Customs and Border Protection |
| Free Trade Agreements | Various; 19 CFR Part 10; 19 CFR Part 182. |
Importers, exporters, producers | Correctly determine whether merchandise qualifies for benefits under various free trade agreements. |
U.S. Customs and Border Protection |
| Country of Origin | 19 USC § 1304; 19 CFR Part 134 |
Importers | Ensure country of origin of imported merchandise is properly declared and products labeled. |
U.S. Customs and Border Protection |
| Customs Penalties | 19 USC §§ 1592; 1595a |
Importers and others involved with imported merchandise | CBP can impose penalties for the illegal importation of merchandise and for material false statements related to an importation that result from fraud, gross negligence, or negligence. |
U.S. Customs and Border Protection |
| Duty Drawback | 19 USC § 1313 | Importers and exporters | CBP may pay refunds of duties paid on imported merchandise that is subsequently exported or destroyed. |
U.S. Customs and Border Protection |
| Admissibility | The U.S. has laws that prohibit the importation of categories of merchandise. These include, for example, products of forced labor (19 USC § 1307); products of dog and cat fur (19 USC § 1308); products bearing an unauthorized trademark (19 U.S.C. § 1526); items containing agricultural pests (7 USC § 7734); products of endangered species (19 CFR § 12.26); and articles of cultural property (19 USC § 2602). |
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| Section 337 | 19 USC § 1337 (Tariff Act of 1930, original) |
Specific company(ies) | Unfair trade practices, excluding AD & CVD (usually IP-based) |
U.S. International Trade Commission, White House |
| Antidumping | 19 USC § 1673 (Trade Agreements Act 1979) |
Specific product from specific country(ies) | Unfair pricing of imports causing/threatening material injury | Dept. of Commerce; U.S. International Trade Commission |
| Countervailing Duty | 19 USC § 1671 (Trade Agreements Act 1979) |
Specific product from specific country(ies) | Government subsidization of imports causing/ threatening material injury | Dept. of Commerce; U.S. International Trade Commission |
| Section 201 (aka Safeguard) |
19 USC § 2251 (Trade Act of 1974) |
Product from all countries | Volume of imported goods (no unfair conduct required) | U.S. International Trade Commission, White House |
| Section 232 (national security) | 19 USC § 1862 (Trade Expansion Act of 1962) |
Product from all countries | The effect of imports on the national security | Dept. of Commerce; White House |
| Section 301 | 19 USC § 2411 (Trade Act of 1974) |
Specific named country(ies) | Country practices that burden or restrict U.S. commerce/deny trade agreement benefits |
U.S. Trade Representative (White House) |
| EAPA | 19 USC § 1517 (The Enforce and Protect Act of 2015) |
Specific product from specific country(ies) | Evasion of antidumping or countervailing duties | U.S. Customs and Border Protection |
| Export Controls | Export Administration Regulations (EAR) International Traffic in Arms Regulations (ITAR) Federal Trade Regulations (FTR) |
U.S. commodities, services and technology to specific country(ies) and end users |
Regulating export transactions to protect national security interests, promote foreign policy objectives, comply with international obligations under various treaties and agreements | Dept. of Commerce, Bureau of Industry and Security and Census Bureau; Department of State; Directorate of Defense Trade Controls; Dept of Homeland Security, Customs and Border Protection |
| Economic and other Sanctions | OFAC regulations (31 CFR 500 et seq) |
Individuals, countries, regions, companies, academic institutions, other entities |
Imposing economic and trade sanctions to protect national security interests, promote foreign policy objectives, comply with international obligations under various treaties and agreements |
Department of Treasury Office of Foreign Assets Control (OFAC) and Department of State |
| CFIUS | Defense Production Act (50 USC § 4565) and 31 CFR Chapter VIII |
Foreign investors and U.S. target companies |
Screening foreign investment that raises U.S. national security concerns. | Committee on Foreign Investment in the United States (CFIUS) |