19 U.S.C. § 4063: Provision of relief

Summary

The President must act within 30 days after getting a Commission report that says imports are causing harm (or that the President treats as saying so). The President must give import relief as needed to fix or stop the harm and to help U.S. companies adjust. The President can refuse relief if the harms of giving relief are greater than the benefits. Relief can stop scheduled tariff cuts under Annex 3.3 or raise the duty on the product up to the lower of two specific HTS column 1 rates (the rate in effect when relief is given or the rate the day before the Agreement started). If relief lasts more than 1 year, it must be eased gradually at regular intervals as described in the Agreement. Relief cannot add up to more than 4 years. If the first period is shorter, the President can extend it only after the Commission finds continued need and signs that the industry is improving. The industry can ask for that review by petition filed between 9 and 6 months before relief ends; the Commission must investigate, publish a notice, hold a public hearing, and send a report at least 60 days before relief ends. When relief ends, the duty for the rest of that calendar year is the rate that would have been in effect one year after relief under the Annex 3.3 schedule. After that year, the President may set the scheduled rate or let the tariff be removed in equal yearly steps per the schedule. Relief cannot be given for products already covered under chapter 1 of the Trade Act of 1974 or for CAFTA–DR goods from a de minimis supplying country.

Title 19, §4063

Customs Duties, Source: USLM XML via OLRC

(a)In general

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)Exception

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)Nature of relief

(1)In general

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)Progressive liberalization

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)Period of relief

(1)In general

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)Extension

(A)In general

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)Action by Commission

(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)Rate after termination of import relief

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)Articles exempt from relief

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