§ 2461. — Authority to extend preferences.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2461]
TITLE 19--CUSTOMS DUTIES
CHAPTER 12--TRADE ACT OF 1974
SUBCHAPTER V--GENERALIZED SYSTEM OF PREFERENCES
Sec. 2461. Authority to extend preferences
The President may provide duty-free treatment for any eligible
article from any beneficiary developing country in accordance with the
provisions of this subchapter. In taking any such action, the President
shall have due regard for--
(1) the effect such action will have on furthering the economic
development of developing countries through the expansion of their
exports;
(2) the extent to which other major developed countries are
undertaking a comparable effort to assist developing countries by
granting generalized preferences with respect to imports of products
of such countries;
(3) the anticipated impact of such action on United States
producers of like or directly competitive products; and
(4) the extent of the beneficiary developing country's
competitiveness with respect to eligible articles.
(Pub. L. 93-618, title V, Sec. 501, as added Pub. L. 104-188, title I,
Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1917.)
Prior Provisions
A prior section 2461, Pub. L. 93-618, title V, Sec. 501, Jan. 3,
1975, 88 Stat. 2066; Pub. L. 98-573, title V, Sec. 502, Oct. 30, 1984,
98 Stat. 3018, related to authority to extend preferences, prior to the
general amendment of this subchapter by Pub. L. 104-188.
Effective Date
Section 1953 of Pub. L. 104-188 provided that:
``(a) In General.--The amendments made by this subtitle [subtitle J
(Secs. 1951-1954) of title I of Pub. L. 104-188, enacting this
subchapter, amending sections 2702, 3011, 3202, 3331, and 3551 of this
title, section 1444-2 of Title 7, Agriculture, section 4711 of Title 15,
Commerce and Trade, sections 262p-4p and 2191a of Title 22, Foreign
Relations and Intercourse, and section 871 of Title 26, Internal Revenue
Code, and enacting provisions set out as a note under section 2101 of
this title] apply to articles entered on or after October 1, 1996.
``(b) Retroactive Application.--
``(1) General rule.--Notwithstanding section 514 of the Tariff
Act of 1930 [19 U.S.C. 1514] or any other provision of law and
subject to subsection (c)--
``(A) any article that was entered--
``(i) after July 31, 1995, and
``(ii) before January 1, 1996, and
to which duty-free treatment under title V of the Trade Act of 1974
[this subchapter] would have applied if the entry had been made
on July 31, 1995, shall be liquidated or reliquidated as free of
duty, and the Secretary of the Treasury shall refund any duty
paid with respect to such entry, and
``(B) any article that was entered--
``(i) after December 31, 1995, and
``(ii) before October 1, 1996, and
to which duty-free treatment under title V of the Trade Act of 1974
[this subchapter] (as amended by this subtitle) would have
applied if the entry had been made on or after October 1, 1996,
shall be liquidated or reliquidated as free of duty, and the
Secretary of the Treasury shall refund any duty paid with
respect to such entry.
``(2) Limitation on refunds.--No refund shall be made pursuant
to this subsection before October 1, 1996.
``(3) Entry.--As used in this subsection, the term `entry'
includes a withdrawal from warehouse for consumption.
``(c) Requests.--Liquidation or reliquidation may be made under
subsection (b) 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 [Aug. 20, 1996], that contains sufficient
information to enable the Customs Service--
``(1) to locate the entry; or
``(2) to reconstruct the entry if it cannot be located.''
Section Referred to in Other Sections
This section is referred to in sections 2462, 2463 of this title.
