Terms Used In 38 CFR Part 38 - National Cemeteries of the Department of Veterans Affairs

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Apparel articles: means goods classifiable in Chapters 61 and 62 and headings 6501, 6502, 6503, and 6504 and subheadings 6406. See 19 CFR 10.842
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable one-year period: means each of the following one-year periods:

  (1) Initial applicable one-year period. See 19 CFR 10.842

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assignee: as used in this chapter means with respect to patent matters the single assignee of the entire right, title and interest in the application or patent if there is such a single assignee, or all of the partial assignees, or all of the partial assignee and inventors who have not assigned their interest in the application or patent, who together own the entire right, title and interest in the application or patent. See 37 CFR 3.71
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• CBP: means U. See 19 CFR 101.1
• Center director: means the person who manages their designated Center and is responsible for certain trade decisions and functions concerning that Center and the importers that are processed by that Center. See 19 CFR 101.1
• Centers: refer to national CBP offices that are responsible for performing certain trade functions and making certain determinations as set forth in particular regulatory provisions regarding importations by importers that are considered by CBP to be in the industry sector, regardless of the ports of entry at which the importations occur. See 19 CFR 101.1
• Claim for preferential tariff treatment: means a claim that a good is entitled to the duty rate applicable under the AFTA to an originating good, and to an exemption from the merchandise processing fee;

  (b) Claim of origin. See 19 CFR 10.722

• Claim for preferential tariff treatment: means a claim that a good is entitled to the duty rate applicable under the MFTA to an originating good;

  (c) Customs Valuation Agreement. See 19 CFR 10.762

• Claim for preferential tariff treatment: means a claim that a good is entitled to the duty rate applicable under the BFTA to an originating good or other good specified in the BFTA, and to an exemption from the merchandise processing fee;

  (c) Customs Valuation Agreement. See 19 CFR 10.802

• Claim for preferential tariff treatment: means a claim that a good is entitled to the duty rate applicable under the OFTA to an originating good or other good specified in the OFTA, and to an exemption from the merchandise processing fee;

  (b) Customs duty. See 19 CFR 10.862

• Claim of origin: means a claim that a textile or apparel good is an originating good or a good of a Party or satisfies the non-preferential rules of origin of a Party;

  (c) Customs duty. See 19 CFR 10.722

• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Country: means the political entity known as a nation. See 19 CFR 134.1
• Customs Valuation Agreement: means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

  (e) Days. See 19 CFR 10.722

• Date of importation: means , in the case of merchandise imported otherwise than by vessel, the date on which the merchandise arrives within the Customs territory of the United States. See 19 CFR 101.1
• Days: means calendar days;

  (f) Enterprise. See 19 CFR 10.722

• Days: means calendar days. See 19 CFR 10.762
• Days: means calendar days;

  (f) Enterprise. See 19 CFR 10.802

• Days: means calendar days;

  (d) Enterprise. See 19 CFR 10.862

• Decedent: A deceased person.
• Declared customs value: means the appraised value of an imported article determined in accordance with section 402 of the Tariff Act of 1930, as amended (19 U. See 19 CFR 10.842
• Dependent: A person dependent for support upon another.
• Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• domestic: when applied to a corporation * * * means created or organized in the United States or under the law of the United States or of any State or Territory. See 26 CFR 36.3121(l)(1)-1
• Donor: The person who makes a gift.
• Duties: means Customs duties and any internal revenue taxes which attach upon importation. See 19 CFR 101.1
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Enterprise: means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organization;

  (g) Enterprise of a Party. See 19 CFR 10.722

• Enterprise: means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association;

  (g) Foreign material. See 19 CFR 10.762

• Enterprise: means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association;

  (g) Foreign material. See 19 CFR 10.802

• Enterprise: means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organization;

  (e) Foreign material. See 19 CFR 10.862

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity controlling production: means an individual, corporation, partnership, association, or other entity or group that is not a producer and that controls the production process in Haiti through a contractual relationship or other indirect means;

  (g) Fabric component. See 19 CFR 10.842

• entry: refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States;

  (f) Entity controlling production. See 19 CFR 10.842

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exportation: means a severance of goods from the mass of things belonging to this country with the intention of uniting them to the mass of things belonging to some foreign country. See 19 CFR 101.1
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fifth applicable one-year period: means the period beginning on December 20, 2010, and ending on December 19, 2011;

  (c) Customs territory of the United States. See 19 CFR 10.842

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fourth applicable one-year period: means the period beginning on December 20, 2009, and ending on December 19, 2010; and

  (5) Fifth applicable one-year period. See 19 CFR 10.842

• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good: means any merchandise, product, article, or material;

  (j) Harmonized System. See 19 CFR 10.762

• Good: means any merchandise, product, article, or material;

  (j) Harmonized System. See 19 CFR 10.802

• Good: means any merchandise, product, article, or material;

  (h) Harmonized System. See 19 CFR 10.862

• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Harmonized System: means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

  (k) Heading. See 19 CFR 10.722

• Heading: means the first four digits in the tariff classification number under the Harmonized System;

  (l) HTSUS. See 19 CFR 10.722

• Heading: means the first four digits in the tariff classification number under the Harmonized System;

  (l) HTSUS. See 19 CFR 10.762

• Heading: means the first four digits in the tariff classification number under the Harmonized System;

  (l) HTSUS. See 19 CFR 10.802

• Heading: means the first four digits in the tariff classification number under the Harmonized System;

  (j) HTSUS. See 19 CFR 10.862

• HTSUS: means the Harmonized Tariff Schedule of the United States;

  (j) Knit-to-shape articles. See 19 CFR 10.842

• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.722
• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.762
• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.802
• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.862
• Identical goods: means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods;

  (n) Originating. See 19 CFR 10.722

• Importer: means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. See 19 CFR 101.1
• Initial applicable one-year period: means the period beginning on December 20, 2006, and ending on December 19, 2007;

  (2) Second applicable one-year period. See 19 CFR 10.842

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knit-to-shape: when used with reference to apparel articles, means any apparel article of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the apparel article, with no consideration being given to patch pockets, appliques, or the like. See 19 CFR 10.842
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Major parts: means integral components of an apparel article but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts or components;

  (m) Producer. See 19 CFR 10.842

• NAFTA: means the North American Free Trade Agreement entered into by the United States, Canada and Mexico on August 13, 1992. See 19 CFR 134.1
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Originating: means qualifying for preferential tariff treatment under the rules of origin set out in AFTA Chapters Four (Textiles and Apparel) and Five (Rules of Origin) and General Note 28, HTSUS;

  (o) Party. See 19 CFR 10.722

• Originating: means a good qualifying under the rules of origin set forth in General Note 27, HTSUS, and MFTA Chapter Four (Textiles and apparel) or Chapter Five (Rules of Origin);

  (n) Party. See 19 CFR 10.762

• Originating: means a good qualifying under the rules of origin set forth in General Note 30, HTSUS, and BFTA Chapter Three (Textiles and apparel) or Chapter Four (Rules of Origin);

  (n) Party. See 19 CFR 10.802

• Originating: means a good qualifying under the rules of origin set forth in General Note 31, HTSUS, and OFTA Chapter Three (Textiles and apparel) or Chapter Four (Rules of Origin);

  (l) Party. See 19 CFR 10.862

• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means the United States or Australia;

  (p) Person. See 19 CFR 10.722

• Party: means the United States or the Kingdom of Morocco;

  (o) Person. See 19 CFR 10.762

• Party: means the United States or the Kingdom of Bahrain;

  (o) Person. See 19 CFR 10.802

• Party: means the United States or the Sultanate of Oman;

  (m) Person. See 19 CFR 10.862

• Person: means a natural person or an enterprise;

  (q) Preferential tariff treatment. See 19 CFR 10.722

• Person: means a natural person or an enterprise;

  (p) Preferential tariff treatment. See 19 CFR 10.762

• Person: means a natural person or an enterprise;

  (p) Preferential tariff treatment. See 19 CFR 10.802

• Person: means a natural person or an enterprise;

  (n) Preferential tariff treatment. See 19 CFR 10.862

• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• port director: means the person who has jurisdiction within the geographical boundaries of their port of entry unless the regulations provide that particular trade functions or determinations are exclusively within the purview of a Center Director or other CBP personnel. See 19 CFR 101.1
• port of entry: refer to any place designated by Executive Order of the President, by order of the Secretary of the Treasury, or by Act of Congress, at which a U. See 19 CFR 101.1
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preferential tariff treatment: means the duty rate applicable under the AFTA to an originating good, and an exemption from the merchandise processing fee;

  (r) Subheading. See 19 CFR 10.722

• Preferential tariff treatment: means the duty rate applicable under the MFTA to an originating good;

  (q) Subheading. See 19 CFR 10.762

• Preferential tariff treatment: means the duty rate applicable under the BFTA to an originating good and an exemption from the merchandise processing fee;

  (q) Subheading. See 19 CFR 10.802

• Preferential tariff treatment: means the duty rate applicable under the OFTA to an originating good and an exemption from the merchandise processing fee;

  (o) Subheading. See 19 CFR 10.862

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Producer: means an individual, corporation, partnership, association, or other entity or group that exercises direct, daily operational control over the production process in Haiti;

  (n) Self-start edge. See 19 CFR 10.842

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Second applicable one-year period: means the period beginning on December 20, 2007, and ending on December 19, 2008;

  (3) Third applicable one-year period. See 19 CFR 10.842

• Self-start edge: when used with reference to knit-to-shape components, means a finished edge which is finished as the component comes off the knitting machine. See 19 CFR 10.842
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shipment: means the merchandise described on the bill of lading or other document used to file or support entry, or in the oral declaration when applicable. See 19 CFR 101.1
• Statute: A law passed by a legislature.
• Subheading: means the first six digits in the tariff classification number under the HTSUS;

  (p) Wholly assembled in Haiti. See 19 CFR 10.842

• Subheading: means the first six digits in the tariff classification number under the Harmonized System;

  (s) Territory. See 19 CFR 10.722

• Subheading: means the first six digits in the tariff classification number under the Harmonized System;

  (r) Textile or apparel good. See 19 CFR 10.762

• Subheading: means the first six digits in the tariff classification number under the Harmonized System;

  (r) Textile or apparel good. See 19 CFR 10.802

• Subheading: means the first six digits in the tariff classification number under the Harmonized System;

  (p) Textile or apparel good. See 19 CFR 10.862

• Summons: Another word for subpoena used by the criminal justice system.
• Territory: means :

  (1) With respect to Australia, the territory of the Commonwealth of Australia:

  (i) Excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and

  (ii) Including Australia's territorial sea, contiguous zone, exclusive economic zone, and continental shelf; and

  (2) With respect to the United States:

  (i) The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico;

  (ii) The foreign trade zones located in the United States and Puerto Rico; and

  (iii) Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources;

  (t) Textile or apparel good. See 19 CFR 10.722

• Territory: means :

  (1) With respect to Morocco, the land, maritime and air space under its sovereignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law; and

  (2) With respect to the United States,

  (i) The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico,

  (ii) The foreign trade zones located in the United States and Puerto Rico, and

  (iii) Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources;

  (t) WTO Agreement. See 19 CFR 10.762

• Territory: means :

  (1) With respect to Bahrain, the territory of Bahrain as well as the maritime areas, seabed, and subsoil over which Bahrain exercises, in accordance with international law, sovereignty, sovereign rights, and jurisdiction; and

  (2) With respect to the United States,

  (i) The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico,

  (ii) The foreign trade zones located in the United States and Puerto Rico, and

  (iii) Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources; and

  (t) WTO Agreement. See 19 CFR 10.802

• Territory: means :

  (1) With respect to Oman, all the lands of Oman within its geographical boundaries, the internal waters, maritime areas including the territorial sea, and airspace under its sovereignty, and the exclusive economic zone and continental shelf where Oman exercises sovereign rights and jurisdiction in accordance with its domestic law and international law, including the United Nations Convention on the Law of the Sea; and

  (2) With respect to the United States,

  (i) The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico,

  (ii) The foreign trade zones located in the United States and Puerto Rico, and

  (iii) Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources; and

  (r) WTO Agreement. See 19 CFR 10.862

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Textile or apparel good: means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as "the ATC"), which is part of the WTO Agreement;

  (u) WTO. See 19 CFR 10.722

• Textile or apparel good: means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as ATC), which is part of the WTO Agreement;

  (s) Territory. See 19 CFR 10.762

• Textile or apparel good: means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as "the ATC"), which is part of the WTO Agreement;

  (s) Territory. See 19 CFR 10.802

• Textile or apparel good: means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as "the ATC"), which is part of the WTO Agreement;

  (q) Territory. See 19 CFR 10.862

• Third applicable one-year period: means the period beginning on December 20, 2008, and ending on December 19, 2009;

  (4) Fourth applicable one-year period. See 19 CFR 10.842

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 CFR 134.1
• Verdict: The decision of a petit jury or a judge.
• WTO: means the World Trade Organization; and

  (v) WTO Agreement. See 19 CFR 10.722

• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.722
• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.762
• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.802
• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.862