19 U.S.C. § 1881
Normal trade relations
Except as otherwise provided in this subchapter, in section 1351 of this title, or in section 401(a) of the Tariff Classification Act of 1962, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter or section 1351 of this title shall apply to products of all foreign countries, whether imported directly or indirectly.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1972–2021 · leading case: Transpacific Steel LLC v. United States, 4 F.4th 1306 (Fed. Cir. 2021).
Transpacific Steel LLC v. United States, 4 F.4th 1306 (Fed. Cir. 2021). “The Trade Court cited 19 U.S.C. § 1881 when asserting that “[t]he status quo under normal trade relations is equal tariff treatment of similar products irrespective of country of origin.”
Transpacific Steel LLC v. United States, 2020 CIT 98 (Ct. Intl. Trade 2020). “See 19 U.S.C. § 1881 . Although deviation from this general principle is allowable, such deviation cannot be arbitrarily and irrationally Puerto Rican recovery in issuing Proclamation 9772, and to exempt those shipments, may make the action overinclusive.”
Farr Man & Co., Inc. v. United States, 544 F. Supp. 908 (Ct. Intl. Trade 1982). “xemption of sugars of Malawian origin, Presidential Proclamation 4547 violated the most-favored-nation provision and treatment specifically provided for in the treaty of 1853 between the United States and Argentina, the trade agreement between the respective countries entered…”
Crystal Clear Indus. v. United States, 18 Ct. Int'l Trade 47 (Ct. Intl. Trade 1994). “See Plaintiff’s Brief at 22; 19 U.S.C. § 1881 . This argument, while theoretically appealing, is unavailing if the packaging is ordinary or usual, because the effect of the case law is to disenfranchise that packaging of its original citizenship for Customs purposes in favor of…”
Kurt S. Adler, Inc. v. United States, 343 F. Supp. 943 (Cust. Ct. 1972). “Thus, 19 U.S.C. § 1881 captioned “Most-favored-nation principle”, provides that “any duty * * * proclaimed in carrying out any trade agreement under this subchapter * * * shall apply to products of all foreign countries, whether imported directly or indirectly”.”
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