§4061 — Title 19 Customs Duties | U.S. Code

Summary

An industry group, trade group, company, union, or group of workers that represents an industry can file a petition asking the Commission for relief because of changes under the Agreement. The Commission must send a copy of the petition to the United States Trade Representative and, unless the rule in the next sentence blocks it, must quickly start an investigation. The investigation must check if removing or lowering a duty under the Agreement caused imports from CAFTA–DR to rise a lot (overall or compared to U.S. production) and if those imports are a major cause of serious injury or a threat of serious injury to U.S. producers of like or directly competing goods. Paragraphs (1)(B) and (3) of subsection (b), subsection (c), and subsection (i) of section 2252 apply. No investigation may start if, after the Agreement enters into force, import relief has already been given for that CAFTA–DR article under this part.

Title 19, §4061

Customs Duties — Source: USLM XML via OLRC

(a)A petition requesting action under this part for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative.

(b)Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a CAFTA–DR article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the CAFTA–DR article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

(c)The following provisions of section 2252 of this title apply with respect to any investigation initiated under subsection (b):

(1)Paragraphs (1)(B) and (3) of subsection (b).

(2)Subsection (c).

(3)Subsection (i).

(d)No investigation may be initiated under this section with respect to any CAFTA–DR article if, after the date that the Agreement enters into force, import relief has been provided with respect to that CAFTA–DR article under this part.

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

This part, referred to in subsecs. (a) and (d), was in the original “this subtitle”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and amended section 2252 of this title. For complete classification of subtitle A to the Code, see 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.

§4061 Commencing of action for relief