Terms Used In 38 CFR Part 42 - Standards Implementing the Program Fraud Civil Remedies Act

• 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.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• 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.
• 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.
• 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 PANTPA to an originating good and to an exemption from the merchandise processing fee;

  (b) Claim of origin. See 19 CFR 10.2002

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

  (b) Claim of origin. See 19 CFR 10.3002

• 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 10.2002

• 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 10.3002

• 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

• 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.
• Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. ^{Source: OCC}
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conspicuous: means capable of being easily seen with normal handling of the article or container. See 19 CFR 134.1
• 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 territory of the United States: includes only the States, the District of Columbia, and Puerto Rico. See 19 CFR 101.1
• 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;

  (f) Days. See 19 CFR 10.2002

• 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;

  (f) Days. See 19 CFR 10.3002

• 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

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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 10.2002

• Days: means calendar days;

  (g) Enterprise. See 19 CFR 10.3002

• Days: means calendar days;

  (g) Enterprise. See 19 CFR 10.902

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• 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
• Duties: means Customs duties and any internal revenue taxes which attach upon importation. See 19 CFR 101.1
• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• 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) Enterprise of a Party. See 19 CFR 10.2002

• 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) Enterprise of a Party. See 19 CFR 10.3002

• 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.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• 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.
• foreign: when applied to a corporation * * * means a corporation * * * which is not domestic. See 26 CFR 36.3121(l)(1)-1
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• 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}
• 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;

  (l) Heading. See 19 CFR 10.2002

• 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;

  (l) Heading. See 19 CFR 10.3002

• 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;

  (m) HTSUS. See 19 CFR 10.2002

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

  (m) HTSUS. See 19 CFR 10.3002

• 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 10.2002
• HTSUS: means the Harmonized Tariff Schedule of the United States as promulgated by the U. See 19 CFR 10.3002
• 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

• Identical goods: means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods;

  (o) Originating. See 19 CFR 10.2002

• Identical goods: means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods;

  (o) Originating. See 19 CFR 10.3002

• 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
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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}
• international organization: means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U. See 26 CFR 31.3306(c)(16)-1
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• 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.
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• 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
• Originating: means qualifying for preferential tariff treatment under the rules of origin set out in Article 3. See 19 CFR 10.2002
• Originating: means qualifying for preferential tariff treatment under the rules of origin set out in Article 3. See 19 CFR 10.3002
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• 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 Peru;

  (p) Person. See 19 CFR 10.902

• Party: means the United States or Panama;

  (q) Person. See 19 CFR 10.2002

• Party: means the United States or Colombia;

  (q) Person. See 19 CFR 10.3002

• Person: means a natural person or an enterprise;

  (q) Preferential tariff treatment. See 19 CFR 10.902

• Person: means a natural person or an enterprise;

  (r) Preferential tariff treatment. See 19 CFR 10.2002

• Person: means a natural person or an enterprise;

  (r) Preferential tariff treatment. See 19 CFR 10.3002

• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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

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

  (s) Subheading. See 19 CFR 10.2002

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

  (s) Subheading. See 19 CFR 10.3002

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• stock: includes shares in an association, joint-stock company, or insurance company. See 26 CFR 36.3121(l)(8)-1
• 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

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

  (t) Textile or apparel good. See 19 CFR 10.2002

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

  (t) Textile or apparel good. See 19 CFR 10.3002

• Subpoena: A command to a witness to appear and give testimony.
• 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

• Territory: means :

  (1) With respect to Panama, the land, maritime, and the air space under Panama's 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;

  (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;

  (v) WTO. See 19 CFR 10.2002

• Territory: means :

  (1) With respect to Colombia, in addition to its continental territory, the archipelago of San Andrés, Providencia and Santa Catalina, the islands of Malpelo, and all the other islands, islets, keys, headlands and shoals that belong to it, as well as air space and the maritime areas over which Colombia has sovereignty or sovereign rights or jurisdiction in accordance with its domestic law and international law, including applicable international treaties; 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;

  (v) WTO. See 19 CFR 10.3002

• Testify: Answer questions in court.
• 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

• 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. See 19 CFR 10.2002
• 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 CTPA;

  (u) Territory. See 19 CFR 10.3002

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• 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 10.902

• WTO: means the World Trade Organization; and

  (w) WTO Agreement. See 19 CFR 10.2002

• WTO: means the World Trade Organization; and

  (w) WTO Agreement. See 19 CFR 10.3002

• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.902
• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.2002
• WTO Agreement: means the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994. See 19 CFR 10.3002