19 U.S.C. § 4082: Determination and provision…

Summary

The President must decide whether removing a tariff under the Agreement caused a rise in imports of a textile or apparel item from a specified CAFTA–DR country that is seriously hurting, or threatening to hurt, a U.S. industry that makes a similar product. To decide, the President must look at changes in things like output, productivity, capacity use, inventories, market share, exports, wages, jobs, prices, profits, and investment. No one factor automatically decides the case. Changes in technology or in what consumers prefer cannot be used to show serious damage. The decision must be made within 30 days after consultations under article 3.23.4 of the Agreement finish. If the finding is yes, the President may give relief by raising the import duty on the article enough to fix or prevent the damage and help the industry adjust. The new duty cannot be higher than the lower of (A) the column 1 general rate under the Harmonized Tariff Schedule (HTS) when relief is given, or (B) the column 1 general rate under the HTS on the day before the Agreement took effect.

Title 19, §4082

Customs Duties, Source: USLM XML via OLRC

(a)Determination

(1)In general

If a positive determination is made under section 4081(b) of this title, the President shall determine whether, as a result of the elimination of a duty under the Agreement, a CAFTA–DR textile or apparel article of a specified CAFTA–DR country is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

(2)Serious damage

In making a determination under paragraph (1), the President—

(A)shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and

(B)shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

(3)Deadline for determination

The President shall make the determination under paragraph (1) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the Agreement.

(b)Provision of relief

(1)In general

If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.

(2)Nature of relief

The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of— (A)

(B)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.

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.

§4082 Determination and Provision of Relief

Summary

Title 19, §4082

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata