§4063 — Title 19 Customs Duties | U.S. Code

Summary

Within 30 days after the President gets a Commission report that finds (or the President treats as finding) injury, the President must give import relief if needed to fix or prevent that injury and help U.S. industry adjust — unless the President decides the costs of relief would outweigh its benefits. Relief can either stop any further tariff cuts called for in Annex 3.3 of the Agreement or raise the duty on the article up to the lower of two HTS column 1 general duty rates (the rate in effect when relief is given or the rate that applied the day before the Agreement took effect). If relief lasts more than 1 year, it must be gradually reduced at regular steps as described in the Agreement. Relief may not total more than 4 years, though an initial shorter period can be extended if the Commission again finds (and the President accepts) that relief is still needed and the industry is adjusting. The industry can petition the Commission between 9 and 6 months before relief would end; the Commission must investigate, hold a public hearing, and send a report to the President at least 60 days before the end date. When relief ends, the duty for the rest of that calendar year must be the rate that would have been in effect 1 year after relief under the Annex 3.3 Schedule; after December 31 of that year, the President may choose the Schedule rate or a phased elimination rate. No relief may be given for articles already covered by chapter 1 of the Trade Act of 1974 or for CAFTA–DR articles from a de minimis supplying country.

Title 19, §4063

Customs Duties — Source: USLM XML via OLRC

(a)Not later than the date that is 30 days after the date on which the President receives the report of the Commission in which the Commission’s determination under section 4062(a) of this title is affirmative, or which contains a determination under section 4062(a) of this title that the President considers to be affirmative under paragraph (1) of section 1330(d) of this title, the President, subject to subsection (b), shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to remedy or prevent the injury found by the Commission and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition.

(b)The President is not required to provide import relief under this section if the President determines that the provision of the import relief will not provide greater economic and social benefits than costs.

(c)(1)The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

(A)The suspension of any further reduction provided for under Annex 3.3 of the Agreement in the duty imposed on such article.

(B)An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

(i)the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

(ii)the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.

(2)If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.3 of the Agreement) of such relief at regular intervals during the period of its application.

(d)(1)Subject to paragraph (2), any import relief that the President is authorized to provide under this section may not, in the aggregate, be in effect for more than 4 years.

(2)(A)If the initial period for any import relief provided under this section is less than 4 years, the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 1330(d) of this title, may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), if the President determines that—

(i)the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

(ii)there is evidence that the industry is making a positive adjustment to import competition.

(B)(i)Upon a petition on behalf of the industry concerned that is filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

(ii)The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.

(iii)The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.

(e)When import relief under this section is terminated with respect to an article—

(1)the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 3.3 of the Agreement would have been in effect 1 year after the provision of relief under subsection (a); and

(2)the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—

(A)the applicable rate of duty for that article set out in the Schedule of the United States to Annex 3.3 of the Agreement; or

(B)the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the United States to Annex 3.3 of the Agreement for the elimination of the tariff.

(f)No import relief may be provided under this section on—

(1)any article subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or

(2)imports of a CAFTA–DR article of a CAFTA–DR country that is a de minimis supplying country with respect to that article.

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. (f)(1), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 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.

§4063 Provision of relief