Title 19Customs DutiesRelease 119-73

§4031 Tariff modifications

Title 19 › Chapter CHAPTER 26— - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE › Subchapter SUBCHAPTER II— - CUSTOMS PROVISIONS › § 4031

Last updated Apr 6, 2026|Official source

Summary

The President may change, keep, or add U.S. duties, and may keep or change duty-free or excise treatment for goods under the CAFTA–DR agreement. Even if other laws say otherwise, the President must end each CAFTA–DR country’s status as a beneficiary developing country under title V of the Trade Act of 1974 on the day the Agreement takes effect for that country. The President must also end each country’s beneficiary status under the Caribbean Basin Economic Recovery Act on that same day. Still, each country will be treated as a beneficiary country under section 212(a) of that Act for three specific rules: sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this title; the duty-free treatment in paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and section 274(h)(6)(B) of title 26. Under the consultation and layover rules in section 4014, the President may also proclaim changes, continuations, or additional duties, and may agree with a CAFTA–DR country on the timing (staging) of duty changes in Annex 3.3. For any good whose base U.S. rate in Annex 3.3 is a specific or compound duty, the President may replace that rate with an ad valorem rate the President finds to be equivalent.

Full Legal Text

Title 19, §4031

Customs Duties — Source: USLM XML via OLRC

(a)(1)The President may proclaim—
(A)such modifications or continuation of any duty,
(B)such continuation of duty-free or excise treatment, or
(C)such additional duties,
(2)Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] on the date the Agreement enters into force with respect to that country.
(3)(A)Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary country for purposes of that Act [19 U.S.C. 2701 et seq.] on the date the Agreement enters into force with respect to that country.
(B)Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2702(a)], for purposes of—
(i)section 1677(7)(G)(ii)(III) and 1677(7)(H) of this title;
(ii)the duty-free treatment provided under paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
(iii)section 274(h)(6)(B) of title 26.
(b)Subject to the consultation and layover provisions of section 4014 of this title, the President may proclaim—
(1)such modifications or continuation of any duty,
(2)such modifications as the United States may agree to with a CAFTA–DR country regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,
(3)such continuation of duty-free or excise treatment, or
(4)such additional duties,
(c)For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.

Legislative History

Notes & Related Subsidiaries

Termination of SectionFor termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.

Editorial Notes

References in Text

The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title V of the Act is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables. The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(3)(A), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4031

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73