§4082 Determination and provision of relief

Summary

If officials first find that removing a duty under the Agreement may be a problem, the President must decide within 30 days after consultations under article 3.23.4 whether a textile or clothing product from a named CAFTA–DR country is being imported in larger amounts—either overall or compared to the U.S. market—and under conditions that cause serious harm or a real threat of harm to U.S. producers of similar goods. The President must look at changes in things like output, wages, employment, prices, profits, market share, and investment, and no single factor decides the result. Changes in technology or consumer tastes cannot be used to show serious harm. If the President finds serious harm, he or she may give relief by raising the import duty as much as needed to stop or prevent the harm and help the U.S. industry adjust. The duty increase cannot go above the smaller of two HTS column 1 rates: the HTS column 1 rate for like goods when relief is given, or the HTS column 1 rate for like goods on the day before the Agreement enters into force.