Terms Used In CFR > Title 19 > Chapter I > Part 10 > Subpart Q - United States-Peru Trade Promotion Agreement

• Allegation: something that someone says happened.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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 PTPA to an originating good and to an exemption from the merchandise processing fee;

  (b) Claim of origin. See 19 CFR 10.902

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

  (c) Customs authority. See 19 CFR 10.902

• 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
• Country of origin: means the country of manufacture, production, or growth of any article of foreign origin entering the United States. See 19 CFR 134.1
• Customs authority: means the competent authority that is responsible under the law of a Party for the administration of customs laws and regulations;

  (d) Customs duty. See 19 CFR 10.902

• Customs Valuation Agreement: means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

  (f) Days. See 19 CFR 10.902

• 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;

  (g) Enterprise. See 19 CFR 10.902

• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Duties: means Customs duties and any internal revenue taxes which attach upon importation. See 19 CFR 101.1
• 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;

  (h) GATT 1994. See 19 CFR 10.902

• 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.
• 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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;

  (j) Heading. See 19 CFR 10.902

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

  (k) HTSUS. See 19 CFR 10.902

• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.902
• Identical goods: means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods;

  (m) Indirect material. See 19 CFR 10.902

• 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
• Indirect material: means a good used in the production, testing, or inspection of another good in the territory of one or both of the Parties but not physically incorporated into that other good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of another good in the territory of one or both of the Parties, including:

  (1) Fuel and energy;

  (2) Tools, dies, and molds;

  (3) Spare parts and materials used in the maintenance of equipment or buildings;

  (4) Lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings;

  (5) Gloves, glasses, footwear, clothing, safety equipment, and supplies;

  (6) Equipment, devices, and supplies used for testing or inspecting the good; (7) Catalysts and solvents; and

  (8) Any other goods that are not incorporated into the other good but the use of which in the production of the other good can reasonably be demonstrated to be a part of that production;

  (n) Originating. See 19 CFR 10.902

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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 Chapter Four and Article 3. See 19 CFR 10.902
• 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 Peru;

  (p) Person. See 19 CFR 10.902

• Person: means a natural person or an enterprise;

  (q) Preferential tariff treatment. See 19 CFR 10.902

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

  (r) Subheading. See 19 CFR 10.902

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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 Harmonized System;

  (s) Textile or apparel good. See 19 CFR 10.902

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

  (1) With respect to Peru, the continental territory, the islands, the maritime areas and the air space above them, in which Peru exercises sovereignty and jurisdiction or sovereign rights in accordance with its domestic law and international law;

  (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;

  (u) WTO. See 19 CFR 10.902

• 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, except for those goods listed in Annex 3-C of the PTPA;

  (t) Territory. See 19 CFR 10.902

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• WTO: means the World Trade Organization; and

  (v) WTO Agreement. See 19 CFR 10.902

• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.902