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Title 19 — Customs Duties

Chapter 12 — Trade Act of 1974

§ 2467. Definitions

Statutory text

For purposes of this subchapter:

(1)

Beneficiary developing country

The term “beneficiary developing country” means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating such country as a beneficiary developing country for purposes of this subchapter.

(2)

Country

The term “country” means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of countries which is a free trade area or customs union, or which is contributing to comprehensive regional economic integration among its members through appropriate means, including, but not limited to, the reduction of duties, the President may by Executive order or Presidential proclamation provide that all members of such association other than members which are barred from designation under section 2462(b) of this title shall be treated as one country for purposes of this subchapter.

(3)

Entered

The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.

(4)

Internationally recognized worker rights

The term “internationally recognized worker rights” includes—

(A)

the right of association;

(B)

the right to organize and bargain collectively;

(C)

a prohibition on the use of any form of forced or compulsory labor;

(D)

a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and

(E)

acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.

(5)

Least-developed beneficiary developing country

The term “least-developed beneficiary developing country” means a beneficiary developing country that is designated as a least-developed beneficiary developing country under section 2462(a)(2) of this title.

(6)

Worst forms of child labor

The term “worst forms of child labor” means—

(A)

all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;

(B)

the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes;

(C)

the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and

(D)

work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children.

The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary developing country involved.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Act of 1974

    Pub. L. 93–618 title V § 507 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2467

    Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1926

    Source evidence

    Code source credit
    Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), Aug. 20, 1996, 110 Stat. 1926

  2. Pub. L. 106–200 title IV § 412(b) · 114 Stat. 251

    Added · 19 U.S.C. § 2467(6)

    Pub. L. 106–200 added par. (6)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 106–200 added par. (6).

    Enacted provision · exact public law section
    (b) Definition of Worst Forms Of Child Labor.— Section 507 of the Trade Act of 1974 (19 U.S.C. 2467) is amended by adding at the end the following new paragraph: “(6) Worst forms of child labor.— The term ‘worst forms of child labor’ means— “(A) all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; “(B) the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes; “(C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and “(D) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children. The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary developing country involved.”.

  3. Trade Act of 2002

    Pub. L. 107–210 div. D title XLI § 4102(b) · 116 Stat. 933

    Amended · 19 U.S.C. § 2467(4)(D)

    Pub. L. 107–210 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “a minimum age for the employment of children; and”

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 107–210 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “a minimum age for the employment of children; and”.

    Enacted provision · exact public law section
    (b) Definition of Internationally Recognized Worker RIGHTS.— Section 507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)) is amended by amending subparagraph (D) to read as follows: “(D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and”.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments2000–2002 · 2 rounds

2002

Par. (4)(D). Pub. L. 107–210 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “a minimum age for the employment of children; and”.

2000

Par. (6). Pub. L. 106–200 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to articles entered on or after , with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as a note under section 2461 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1996–2002 · 3 acts
  1. 1996Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), , 110 Stat. 1926
  2. 2000amended Pub. L. 106–200, title IV, § 412(b), , 114 Stat. 298
  3. 2002Pub. L. 107–210, div. D, title XLI, § 4102(b), , 116 Stat. 1041.
Show as published

(Pub. L. 93–618, title V, § 507, as added Pub. L. 104–188, title I, § 1952(a), , 110 Stat. 1926; amended Pub. L. 106–200, title IV, § 412(b), , 114 Stat. 298; Pub. L. 107–210, div. D, title XLI, § 4102(b), , 116 Stat. 1041.)

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USLM identifier /us/usc/t19/s2467