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Title 19 — Customs Duties

Chapter 20 — Andean Trade Preference

§ 3206. Termination of preferential treatment

Statutory text

(a)

In general

No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall—

(1)

remain in effect—

(A)

with respect to Colombia after ; and

(B)

with respect to Peru after ;

(2)

remain in effect with respect to Ecuador after , except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Ecuador during the period beginning on , and ending on , unless the President reviews the criteria set forth in section 3202 of this title, and on or before , reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—

(A)

the President has determined that Ecuador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and

(B)

in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and

(3)

remain in effect with respect to Bolivia after , except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Bolivia during the period beginning on , and ending on , only if the President reviews the criteria set forth in section 3202 of this title, and on or before , reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—

(A)

the President has determined that Bolivia satisfies the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and

(B)

in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title.

(b)

Reports

On or before , the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on—

(1)

such determinations; and

(2)

the reasons for such determinations.

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. Andean Trade Preference Act

    Pub. L. 102–182 title II § 208 · 105 Stat. 1233

    Enacted · 19 U.S.C. § 3206

    Pub. L. 102–182, title II, § 208, Dec. 4, 1991, 105 Stat. 1244

    Source evidence

    Code source credit
    Pub. L. 102–182, title II, § 208, Dec. 4, 1991, 105 Stat. 1244

    Enacted provision · exact public law section
    SEC. 208. EFFECTIVE DATE AND TERMINATION OF DUTY-FREE TREATMENT. (a) Effective Date.— This title shall take effect on the date of enactment. (b) Termination of Duty-Free Treatment.— No duty-free treatment extended to beneficiary countries under this title shall remain in effect 10 years after the date of the enactment of this title.

  2. Trade Act of 2002

    Pub. L. 107–210 div. C title XXXI § 3104(a) · 116 Stat. 933

    1. Substituted · 19 U.S.C. § 3206

      Pub. L. 107–210 substituted “Termination of preferential treatment” for “Effective date and termination of duty-free treatment” in section catchline

    2. Amended · 19 U.S.C. § 3206

      Pub. L. 107–210 amended text generally

    3. Substituted · 19 U.S.C. § 3206

      Pub. L. 107–210 substituting provisions establishing a termination date of Dec. 31, 2006, for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter

    Source evidence

    Code amendment note
    Pub. L. 107–210 substituted “Termination of preferential treatment” for “Effective date and termination of duty-free treatment” in section catchline and amended text generally, substituting provisions establishing a termination date of Dec. 31, 2006, for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter.

    Enacted provision · exact public law section
    (a) In General.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended to read as follows: “SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. “No duty-free treatment or other preferential treatment extended to beneficiary countries under this title shall remain in effect after December 31, 2006.”.

  3. Andean Trade Preferences Extension Act

    Pub. L. 109–432 div. D title VII § 7002 · 120 Stat. 2922

    1. Amended · 19 U.S.C. § 3206

      Pub. L. 109–432 designated existing provisions as subsec. (a)

    2. Inserted · 19 U.S.C. § 3206

      Pub. L. 109–432 inserted heading

    3. Substituted · 19 U.S.C. § 3206

      Pub. L. 109–432 substituted “Subject to subsection (b), no” for “No”

    4. Substituted · 19 U.S.C. § 3206

      Pub. L. 109–432 substituted “June 30, 2007” for “December 31, 2006”

    5. Added · 19 U.S.C. § 3206

      Pub. L. 109–432 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 109–432 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), no” for “No” and “June 30, 2007” for “December 31, 2006”, and added subsec. (b).

    Enacted provision · exact public law section
    SEC. 7002. ATPA EXTENSION. (a) Temporary extension.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended by striking “December 31, 2006” and inserting “June 30, 2007”. (b) Conditional extensions.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206), as amended by subsection (a), is further amended— (1) by striking “No” and inserting “(a) Termination.—Subject to subsection (b), no”; and (2) by adding at the end the following: “(b) Conditional Extensions.— Duty-free treatment and other preferential treatment under this title shall remain in effect with respect to a beneficiary country, during the period beginning on July 1, 2007, and ending on December 31, 2007, only if on or before June 30, 2007— “(1) an implementing bill with respect to a trade agreement with that country has been enacted into law pursuant to the Bipartisan Trade Promotion Authority Act of 2002; and “(2) the President determines that the legislature of that country has approved such trade agreement.” .

  4. Pub. L. 110–42 § 1 · 121 Stat. 235

    1. Struck · 19 U.S.C. § 3206

      Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section

    2. Substituted · 19 U.S.C. § 3206

      Pub. L. 110–42 substituted “No” for “Subject to subsection (b), no”

    3. Substituted · 19 U.S.C. § 3206

      Pub. L. 110–42 substituted “February 29, 2008” for “June 30, 2007”

    4. Struck · 19 U.S.C. § 3206

      Pub. L. 110–42 struck out subsec. (b), which provided for certain conditional extensions

    Source evidence

    Code amendment note
    Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section, substituted “No” for “Subject to subsection (b), no” and “February 29, 2008” for “June 30, 2007”, and struck out subsec. (b), which provided for certain conditional extensions.

    Enacted provision · exact public law section
    SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. (a) Extension.— Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended by striking “June 30, 2007” and inserting “February 29, 2008”. (b) Repeal of Conditional Extensions.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended— (1) by striking “(a) Termination.—Subject to subsection (b), no” and inserting “No”; and (2) by striking subsection (b).

  5. Andean Trade Preference Extension Act of 2008

    Pub. L. 110–191 § 2(a) · 122 Stat. 646

    Substituted · 19 U.S.C. § 3206

    Pub. L. 110–191 substituted “December 31, 2008” for “February 29, 2008”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–191 substituted “December 31, 2008” for “February 29, 2008”.

    Enacted provision · exact public law section
    (a) Extension.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended by striking “February 29, 2008” and inserting “December 31, 2008”.

  6. Pub. L. 110–436 § 1(a) · 122 Stat. 4976

    Amended · 19 U.S.C. § 3206

    Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: “No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after December 31, 2008.”

    Source evidence

    Code amendment note
    Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: “No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after December 31, 2008.”

    Enacted provision · exact public law section
    (a) Extension.— Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended to read as follows: “SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. “(a) In General.— No duty-free treatment or other preferential treatment extended to beneficiary countries under this title shall— “(1) remain in effect with respect to Colombia or Peru after December 31, 2009; “(2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this title shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on December 31, 2009, unless the President reviews the criteria set forth in section 203, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that— “(A) the President has determined that Ecuador does not satisfy the requirements set forth in section 203(c) for being designated as a beneficiary country; and “(B) in making that determination, the President has taken into account each of the factors set forth in section 203(d); and “(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this title shall remain in effect with respect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 203, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that— “(A) the President has determined that Bolivia satisfies the requirements set forth in section 203(c) for being designated as a beneficiary country; and “(B) in making that determination, the President has taken into account each of the factors set forth in section 203(d). “(b) Reports.— On or before June 30, 2009, the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on— “(1) such determinations; and “(2) the reasons for such determinations.” .

  7. Pub. L. 111–124 § 2(a) · 123 Stat. 3484

    Substituted · 19 U.S.C. § 3206(a)(1); 19 U.S.C. § 3206(a)(2)

    Pub. L. 111–124 substituted “December 31, 2010” for “December 31, 2009”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 111–124 substituted “December 31, 2010” for “December 31, 2009”.

    Enacted provision · exact public law section
    (a) Extension.— Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended in paragraphs (1) and (2) by striking “December 31, 2009” each place it appears and inserting “December 31, 2010”.

  8. Omnibus Trade Act of 2010

    Pub. L. 111–344 § 201(a) · 124 Stat. 3611

    Amended · 19 U.S.C. § 3206(a)(1)

    Pub. L. 111–344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “remain in effect with respect to Colombia or Peru after December 31, 2010;”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “remain in effect with respect to Colombia or Peru after December 31, 2010;”.

    Enacted provision · exact public law section
    (a) Extension.— Section 208(a)(1) of the Andean Trade Preference Act (19 U.S.C. 3206(a)(1)) is amended to read as follows: “(1) remain in effect— “(A) with respect to Colombia after February 12, 2011; and “(B) with respect to Peru after December 31, 2010;” .

  9. Omnibus Trade Act of 2010

    Pub. L. 111–344 § 201(b) · 124 Stat. 3611

    Substituted · 19 U.S.C. § 3206(a)(2)

    Pub. L. 111–344, § 201(b), substituted “February 12, 2011” for “December 31, 2010” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–344, § 201(b), substituted “February 12, 2011” for “December 31, 2010” in introductory provisions.

    Enacted provision · exact public law section
    (b) Ecuador.— Section 208(a)(2) of the Andean Trade Preference Act (19 U.S.C. 3206(a)(2)) is amended by striking “December 31, 2010” and inserting “February 12, 2011”.

  10. United States–Colombia Trade Promotion Agreement Implementation Act

    Pub. L. 112–42 title V § 501(a) · 125 Stat. 494

    Substituted · 19 U.S.C. § 3206(a)(1)(A); 19 U.S.C. § 3206(a)(1)(2)

    Pub. L. 112–42 substituted “July 31, 2013” for “February 12, 2011”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A), (2). Pub. L. 112–42 substituted “July 31, 2013” for “February 12, 2011”.

    Enacted provision · exact public law section
    (a) Extension.— Section 208(a) of the Andean Trade Preference Act (19 U.S.C. 3206(a)) is amended— (1) in paragraph (1)(A), by striking “February 12, 2011” and inserting “July 31, 2013”; and (2) in paragraph (2), by striking “February 12, 2011” and inserting “July 31, 2013”.

    Effective date note
    Amendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 112–42, set out in a note under section 3805 of this title.

19 of 19 references resolved to an enrolled provision

Editorial Notes

Amendments2002–2011 · 7 rounds

2011

Subsec. (a)(1)(A), (2). Pub. L. 112–42 substituted “” for “”.

2010

Subsec. (a)(1). Pub. L. 111–344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “remain in effect with respect to Colombia or Peru after ;”.

Subsec. (a)(2). Pub. L. 111–344, § 201(b), substituted “” for “” in introductory provisions.

2009

Subsec. (a)(1), (2). Pub. L. 111–124 substituted “” for “”.

2008

Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: “No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after .”

Pub. L. 110–191 substituted “” for “”.

2007

Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section, substituted “No” for “Subject to subsection (b), no” and “” for “”, and struck out subsec. (b), which provided for certain conditional extensions.

2006

Pub. L. 109–432 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), no” for “No” and “” for “”, and added subsec. (b).

2002

Pub. L. 107–210 substituted “Termination of preferential treatment” for “Effective date and termination of duty-free treatment” in section catchline and amended text generally, substituting provisions establishing a termination date of , for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of , for this chapter and a termination date 10 years later for duty-free treatment under this chapter.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after , with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 112–42, set out in a note under section 3805 of this title.

Retroactive Application for Certain Liquidations and Reliquidations

Pub. L. 107–210, div. C, title XXXI, § 3104(b), , 116 Stat. 1034, provided that:

“(1)

In general.—

Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, and subject to paragraph (3), the entry—

“(A)

of any article to which duty-free treatment (or preferential treatment) under the Andean Trade Preference Act (19 U.S.C. 3201 et seq.) would have applied if the entry had been made on , and

“(B)

that was made after , and before the date of the enactment of this Act [],

shall be liquidated or reliquidated as if such duty-free treatment (or preferential treatment) applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry.

“(2)

Entry.—

As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption.

“(3)

Requests.—

Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service—

“(A)

to locate the entry; or

“(B)

to reconstruct the entry if it cannot be located.”

[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]

Credits

1991–2011 · 9 acts
  1. 1991Pub. L. 102–182, title II, § 208, , 105 Stat. 1244
  2. 2002Pub. L. 107–210, div. C, title XXXI, § 3104(a), , 116 Stat. 1034
  3. 2006Pub. L. 109–432, div. D, title VII, § 7002, , 120 Stat. 3194
  4. 2007Pub. L. 110–42, § 1, , 121 Stat. 235
  5. 2008Pub. L. 110–191, § 2(a), , 122 Stat. 646
  6. 2008Pub. L. 110–436, § 1(a), , 122 Stat. 4976
  7. 2009Pub. L. 111–124, § 2(a), , 123 Stat. 3484
  8. 2010Pub. L. 111–344, title II, § 201(a), (b), , 124 Stat. 3616
  9. 2011Pub. L. 112–42, title V, § 501(a), , 125 Stat. 494.
Show as published

(Pub. L. 102–182, title II, § 208, , 105 Stat. 1244; Pub. L. 107–210, div. C, title XXXI, § 3104(a), , 116 Stat. 1034; Pub. L. 109–432, div. D, title VII, § 7002, , 120 Stat. 3194; Pub. L. 110–42, § 1, , 121 Stat. 235; Pub. L. 110–191, § 2(a), , 122 Stat. 646; Pub. L. 110–436, § 1(a), , 122 Stat. 4976; Pub. L. 111–124, § 2(a), , 123 Stat. 3484; Pub. L. 111–344, title II, § 201(a), (b), , 124 Stat. 3616; Pub. L. 112–42, title V, § 501(a), , 125 Stat. 494.)

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USLM identifier /us/usc/t19/s3206