Title 19 — Customs DutiesRelease 119-73not60
§4035 Enforcement Relating to Trade in Textile or Apparel Goods
Title 19 › Chapter 26— DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE › Subchapter II— CUSTOMS PROVISIONS › § 4035
Summary
When the Secretary of the Treasury asks a CAFTA‑DR country to check on an exporter or producer under article 3.24, the President can tell the Secretary to act while that check is happening. The check is to see if the exporter or producer is following customs rules or if a textile or apparel item really counts as coming from that CAFTA‑DR country. While the check is ongoing, the Secretary can pause special tariff breaks, refuse those tariff breaks, hold goods at the border, or bar goods from entering the United States. The rules are: pause if there is not enough information to support a claim for special treatment; refuse the special treatment if the exporter gave wrong information; hold goods if the country of origin can’t be shown; and bar goods if the origin information is false. After the verification finishes, the President can have the Secretary keep using those same actions until enough information is provided to make the final decision. The Secretary can also publish the names of people found to be intentionally avoiding the rules or who cannot prove they make the textile or apparel goods.
Full Legal Text
Title 19, §4035
Customs Duties — Source: USLM XML via OLRC
(a)(1)If the Secretary of the Treasury requests the government of a CAFTA–DR country to conduct a verification pursuant to article 3.24 of the Agreement for purposes of making a determination under paragraph (2), the President may direct the Secretary to take appropriate action described in subsection (b) while the verification is being conducted.
(2)A determination under this paragraph is a determination—
(A)that an exporter or producer in that country is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods, or
(B)that a claim that a textile or apparel good exported or produced by such exporter or producer—
(i)qualifies as an originating good under section 4033 of this title, or
(ii)is a good of a CAFTA–DR country,
(b)Appropriate action under subsection (a)(1) includes—
(1)suspension of preferential tariff treatment under the Agreement with respect to—
(A)any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
(B)the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to support that claim;
(2)denial of preferential tariff treatment under the Agreement with respect to—
(A)any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that the person has provided incorrect information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
(B)the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines that a person has provided incorrect information to support that claim;
(3)detention of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to determine the country of origin of any such good; and
(4)denial of entry into the United States of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that the person has provided incorrect information as to the country of origin of any such good.
(c)On completion of a verification under subsection (a), the President may direct the Secretary to take appropriate action described in subsection (d) until such time as the Secretary receives information sufficient to make the determination under subsection (a)(2) or until such earlier date as the President may direct.
(d)Appropriate action under subsection (c) includes—
(1)denial of preferential tariff treatment under the Agreement with respect to—
(A)any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support, or that the person has provided incorrect information to support, any claim for preferential tariff treatment that has been made with respect to any such good; or
(B)the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to support, or that a person has provided incorrect information to support, that claim; and
(2)denial of entry into the United States of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to determine, or that the person has provided incorrect information as to, the country of origin of any such good.
(e)The Secretary may publish the name of any person that the Secretary has determined—
(1)is engaged in intentional circumvention of applicable laws, regulations, or procedures affecting trade in textile or apparel goods; or
(2)has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.
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.
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.
Executive Documents
Proc. No. 7987. To Implement the Dominican Republic-Central America-United States Free Trade Agreement Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in par. (5) that the Committee for the Implementation of Textile Agreements is authorized to exercise the President’s authority under this section to suspend or deny preferential tariff treatment to textile or apparel goods; to detain textile or apparel goods; and to deny entry to textile or apparel goods.
Reference
Citations & Metadata
Citation
19 U.S.C. § 4035
Title 19 — Customs Duties
Last Updated
Apr 5, 2026
Release point: 119-73not60