-CITE-
    19 USC CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA
           FREE TRADE                                      01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE

-HEAD-
        CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE    

-MISC1-
    Sec.                                                     
    4001.       Purposes.                                             
    4002.       Definitions.                                          

    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                                 AGREEMENT
    4011.       Approval and entry into force of the Agreement.       
    4012.       Relationship of the Agreement to United States and
                 State law.                                           
    4013.       Implementing actions in anticipation of entry into
                 force and initial regulations.                       
    4014.       Consultation and layover provisions for, and effective
                 date of, proclaimed actions.                         
    4015.       Administration of dispute settlement proceedings.     
    4016.       Arbitration of claims.                                

                    SUBCHAPTER II - CUSTOMS PROVISIONS                
    4031.       Tariff modifications.                                 
    4032.       Additional duties on certain agricultural goods.      
    4033.       Rules of origin.                                      
    4034.       Retroactive application for certain liquidations and
                 reliquidations of textile or apparel goods.          
    4035.       Enforcement relating to trade in textile or apparel
                 goods.                                               
    4036.       Regulations.                                          

                   SUBCHAPTER III - RELIEF FROM IMPORTS               
    4051.       Definitions.                                          

        PART A - RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT    
    4061.       Commencing of action for relief.                      
    4062.       Commission action on petition.                        
    4063.       Provision of relief.                                  
    4064.       Termination of relief authority.                      
    4065.       Compensation authority.                               

              PART B - TEXTILE AND APPAREL SAFEGUARD MEASURES          
    4081.       Commencement of action for relief.                    
    4082.       Determination and provision of relief.                
    4083.       Period of relief.                                     
    4084.       Articles exempt from relief.                          
    4085.       Rate after termination of import relief.              
    4086.       Termination of relief authority.                      
    4087.       Compensation authority.                               
    4088.       Confidential business information.                    

          PART C - CASES UNDER TITLE II OF THE TRADE ACT OF 1974      
    4101.       Findings and action on goods of CAFTA-DR countries.   

                       SUBCHAPTER IV - MISCELLANEOUS                   
    4111.       Periodic reports and meetings on labor obligations and
                 labor capacity-building provisions.                  


-STATAMEND-
                          TERMINATION OF CHAPTER                      
      For termination of chapter by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note set out under section 4001
    of this title.

-End-



-CITE-
    19 USC Sec. 4001                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE

-HEAD-
    Sec. 4001. Purposes

-STATUTE-
      The purposes of this chapter are - 
        (1) to approve and implement the Free Trade Agreement between
      the United States, Costa Rica, the Dominican Republic, El
      Salvador, Guatemala, Honduras, and Nicaragua entered into under
      the authority of section 3803(b) of this title;
        (2) to strengthen and develop economic relations between the
      United States, Costa Rica, the Dominican Republic, El Salvador,
      Guatemala, Honduras, and Nicaragua for their mutual benefit;
        (3) to establish free trade between the United States, Costa
      Rica, the Dominican Republic, El Salvador, Guatemala, Honduras,
      and Nicaragua through the reduction and elimination of barriers
      to trade in goods and services and to investment; and
        (4) to lay the foundation for further cooperation to expand and
      enhance the benefits of the Agreement.

-SOURCE-
    (Pub. L. 109-53, Sec. 2, Aug. 2, 2005, 119 Stat. 463.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out below and
    Tables.


-MISC1-
                      EFFECTIVE AND TERMINATION DATES                  
      Pub. L. 109-53, title I, Sec. 107, Aug. 2, 2005, 119 Stat. 466,
    provided that:
      "(a) Effective Dates. - Except as provided in subsection (b), the
    provisions of this Act [see Short Title note set out below] and the
    amendments made by this Act take effect on the date the Agreement
    [Dominican Republic-Central America-United States Free Trade
    Agreement] enters into force [Mar. 1, 2006].
      "(b) Exceptions. - Sections 1 through 3 and this title [enacting
    this section, section 4002 of this title, and provisions set out as
    a note below] take effect on the date of the enactment of this Act
    [Aug. 2, 2005].
      "(c) Termination of CAFTA-DR Status. - During any period in which
    a country ceases to be a CAFTA-DR country, the provisions of this
    Act (other than this subsection) and the amendments made by this
    Act shall cease to have effect with respect to that country.
      "(d) Termination of the Agreement. - On the date on which the
    Agreement ceases to be in force with respect to the United States,
    the provisions of this Act (other than this subsection) and the
    amendments made by this Act shall cease to have effect."

                                SHORT TITLE                            
      Pub. L. 109-53, Sec. 1(a), Aug. 2, 2005, 119 Stat. 462, provided
    that: "This Act [enacting this chapter, amending sections 58c,
    1508, 1514, 1520, 1592, 2252, 2518, 2702, and 2703 of this title,
    and enacting provisions set out as notes under this section and
    section 2702 of this title] may be cited as the 'Dominican Republic-
    Central America-United States Free Trade Agreement Implementation
    Act'."

-End-



-CITE-
    19 USC Sec. 4002                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE

-HEAD-
    Sec. 4002. Definitions

-STATUTE-
      In this chapter:
      (1) Agreement
        The term "Agreement" means the Dominican Republic-Central
      America-United States Free Trade Agreement approved by the
      Congress under section 4011(a)(1) of this title.
      (2) CAFTA-DR country
        Except as provided in section 4033 of this title, the term
      "CAFTA-DR country" means - 
          (A) Costa Rica, for such time as the Agreement is in force
        between the United States and Costa Rica;
          (B) the Dominican Republic, for such time as the Agreement is
        in force between the United States and the Dominican Republic;
          (C) El Salvador, for such time as the Agreement is in force
        between the United States and El Salvador;
          (D) Guatemala, for such time as the Agreement is in force
        between the United States and Guatemala;
          (E) Honduras, for such time as the Agreement is in force
        between the United States and Honduras; and
          (F) Nicaragua, for such time as the Agreement is in force
        between the United States and Nicaragua.
      (3) Commission
        The term "Commission" means the United States International
      Trade Commission.
      (4) HTS
        The term "HTS" means the Harmonized Tariff Schedule of the
      United States.
      (5) Textile or apparel good
        The term "textile or apparel good" means a good listed in the
      Annex to the Agreement on Textiles and Clothing referred to in
      section 3511(d)(4) of this title, other than a good listed in
      Annex 3.29 of the Agreement.

-SOURCE-
    (Pub. L. 109-53, Sec. 3, Aug. 2, 2005, 119 Stat. 463.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    4001 of this title and Tables.
      The Harmonized Tariff Schedule of the United States, referred to
    in par. (4), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                      EFFECTIVE AND TERMINATION DATES                  
      Section effective Aug. 2, 2005, and to cease to have effect on
    date Dominican Republic-Central America-United States Free Trade
    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.

-End-


-CITE-
    19 USC SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS
           RELATING TO, THE AGREEMENT                      01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                                 AGREEMENT

-End-



-CITE-
    19 USC Sec. 4011                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4011. Approval and entry into force of the Agreement

-STATUTE-
    (a) Approval of Agreement and statement of administrative action
      Pursuant to section 3805 of this title and section 2191 of this
    title, the Congress approves - 
        (1) the Dominican Republic-Central America-United States Free
      Trade Agreement entered into on August 5, 2004, with the
      Governments of Costa Rica, the Dominican Republic, El Salvador,
      Guatemala, Honduras, and Nicaragua, and submitted to the Congress
      on June 23, 2005; and
        (2) the statement of administrative action proposed to
      implement the Agreement that was submitted to the Congress on
      June 23, 2005.
    (b) Conditions for entry into force of the Agreement
      At such time as the President determines that countries listed in
    subsection (a)(1) have taken measures necessary to comply with the
    provisions of the Agreement that are to take effect on the date on
    which the Agreement enters into force, the President is authorized
    to provide for the Agreement to enter into force with respect to
    those countries that provide for the Agreement to enter into force
    for them.

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 101, Aug. 2, 2005, 119 Stat. 464.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4012                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4012. Relationship of the Agreement to United States and State
      law

-STATUTE-
    (a) Relationship of Agreement to United States law
      (1) United States law to prevail in conflict
        No provision of the Agreement, nor the application of any such
      provision to any person or circumstance, which is inconsistent
      with any law of the United States shall have effect.
      (2) Construction
        Nothing in this chapter shall be construed - 
          (A) to amend or modify any law of the United States, or
          (B) to limit any authority conferred under any law of the
        United States,

      unless specifically provided for in this chapter.
    (b) Relationship of Agreement to State law
      (1) Legal challenge
        No State law, or the application thereof, may be declared
      invalid as to any person or circumstance on the ground that the
      provision or application is inconsistent with the Agreement,
      except in an action brought by the United States for the purpose
      of declaring such law or application invalid.
      (2) Definition of State law
        For purposes of this subsection, the term "State law" includes -
       
          (A) any law of a political subdivision of a State; and
          (B) any State law regulating or taxing the business of
        insurance.
    (c) Effect of Agreement with respect to private remedies
      No person other than the United States - 
        (1) shall have any cause of action or defense under the
      Agreement or by virtue of congressional approval thereof; or
        (2) may challenge, in any action brought under any provision of
      law, any action or inaction by any department, agency, or other
      instrumentality of the United States, any State, or any political
      subdivision of a State, on the ground that such action or
      inaction is inconsistent with the Agreement.

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 102, Aug. 2, 2005, 119 Stat. 464.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(2), was in the original
    "this Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4001 of this title and Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4013                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4013. Implementing actions in anticipation of entry into force
      and initial regulations

-STATUTE-
    (a) Implementing actions
      (1) Proclamation authority
        After August 2, 2005 - 
          (A) the President may proclaim such actions, and
          (B) other appropriate officers of the United States
        Government may issue such regulations,

      as may be necessary to ensure that any provision of this chapter,
      or amendment made by this chapter, that takes effect on the date
      the Agreement enters into force is appropriately implemented on
      such date, but no such proclamation or regulation may have an
      effective date earlier than the date the Agreement enters into
      force.
      (2) Effective date of certain proclaimed actions
        Any action proclaimed by the President under the authority of
      this chapter that is not subject to the consultation and layover
      provisions under section 4014 of this title may not take effect
      before the 15th day after the date on which the text of the
      proclamation is published in the Federal Register.
      (3) Waiver of 15-day restriction
        The 15-day restriction contained in paragraph (2) on the taking
      effect of proclaimed actions is waived to the extent that the
      application of such restriction would prevent the taking effect
      on the date the Agreement enters into force of any action
      proclaimed under this section.
    (b) Initial regulations
      Initial regulations necessary or appropriate to carry out the
    actions required by or authorized under this chapter or proposed in
    the statement of administrative action submitted under section
    4011(a)(2) of this title to implement the Agreement shall, to the
    maximum extent feasible, be issued within 1 year after the date on
    which the Agreement enters into force. In the case of any
    implementing action that takes effect on a date after the date on
    which the Agreement enters into force, initial regulations to carry
    out that action shall, to the maximum extent feasible, be issued
    within 1 year after such effective date.

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 103, Aug. 2, 2005, 119 Stat. 465.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1), (2) and (b), was in
    the original "this Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119
    Stat. 462, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4001 of this title and Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4014                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4014. Consultation and layover provisions for, and effective
      date of, proclaimed actions

-STATUTE-
      If a provision of this chapter provides that the implementation
    of an action by the President by proclamation is subject to the
    consultation and layover requirements of this section, such action
    may be proclaimed only if - 
        (1) the President has obtained advice regarding the proposed
      action from - 
          (A) the appropriate advisory committees established under
        section 2155 of this title; and
          (B) the Commission;

        (2) the President has submitted to the Committee on Finance of
      the Senate and the Committee on Ways and Means of the House of
      Representatives a report that sets forth - 
          (A) the action proposed to be proclaimed and the reasons
        therefor; and
          (B) the advice obtained under paragraph (1);

        (3) a period of 60 calendar days, beginning on the first day on
      which the requirements set forth in paragraphs (1) and (2) have
      been met has expired; and
        (4) the President has consulted with such Committees regarding
      the proposed action during the period referred to in paragraph
      (3).

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 104, Aug. 2, 2005, 119 Stat. 465.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    4001 of this title and Tables.


-MISC1-
                      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.


-EXEC-
        PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-CENTRAL
                AMERICA-UNITED STATES FREE TRADE AGREEMENT
      Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10827, provided in par.
    (8) that the United States Trade Representative is authorized to
    exercise the President's authority under this section to obtain
    advice from the appropriate advisory committees and the United
    States International Trade Commission on the proposed
    implementation of an action by presidential proclamation; to submit
    a report on such proposed action to the appropriate congressional
    committees; and to consult with those congressional committees
    regarding the proposed action.

-End-



-CITE-
    19 USC Sec. 4015                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4015. Administration of dispute settlement proceedings

-STATUTE-
    (a) Establishment or designation of office
      The President is authorized to establish or designate within the
    Department of Commerce an office that shall be responsible for
    providing administrative assistance to panels established under
    chapter 20 of the Agreement. The office may not be considered to be
    an agency for purposes of section 552 of title 5.
    (b) Authorization of appropriations
      There are authorized to be appropriated for each fiscal year
    after fiscal year 2005 to the Department of Commerce such sums as
    may be necessary for the establishment and operations of the office
    established or designated under subsection (a) and for the payment
    of the United States share of the expenses of panels established
    under chapter 20 of the Agreement.

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 105, Aug. 2, 2005, 119 Stat. 466.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.


-EXEC-
        PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-CENTRAL
                AMERICA-UNITED STATES FREE TRADE AGREEMENT
      Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10827, provided in par.
    (3) that the Secretary of Commerce is authorized to exercise the
    President's authority under subsec. (a) of this section to
    establish or designate an office within the Department of Commerce
    to carry out the functions set forth in this section.

-End-



-CITE-
    19 USC Sec. 4016                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
                    AGREEMENT                   

-HEAD-
    Sec. 4016. Arbitration of claims

-STATUTE-
      The United States is authorized to resolve any claim against the
    United States covered by article 10.16.1(a)(i)(C) or article
    10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State
    Dispute Settlement procedures set forth in section B of chapter 10
    of the Agreement.

-SOURCE-
    (Pub. L. 109-53, title I, Sec. 106, Aug. 2, 2005, 119 Stat. 466.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-


-CITE-
    19 USC SUBCHAPTER II - CUSTOMS PROVISIONS                   01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
                    SUBCHAPTER II - CUSTOMS PROVISIONS                

-End-



-CITE-
    19 USC Sec. 4031                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4031. Tariff modifications

-STATUTE-
    (a) Tariff modifications provided for in the Agreement
      (1) Proclamation authority
        The President may proclaim - 
          (A) such modifications or continuation of any duty,
          (B) such continuation of duty-free or excise treatment, or
          (C) such additional duties,

      as the President determines to be necessary or appropriate to
      carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and
      3.28, and Annexes 3.3, 3.27, and 3.28 of the Agreement.
      (2) Effect on GSP status
        Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19
      U.S.C. 2462(a)(1)), the President shall terminate the designation
      of each CAFTA-DR country as a beneficiary developing country for
      purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et
      seq.] on the date the Agreement enters into force with respect to
      that country.
      (3) Effect on CBERA status
        (A) In general
          Notwithstanding section 212(a) of the Caribbean Basin
        Economic Recovery Act (19 U.S.C. 2702(a)), the President shall
        terminate the designation of each CAFTA-DR country as a
        beneficiary country for purposes of that Act [19 U.S.C. 2701 et
        seq.] on the date the Agreement enters into force with respect
        to that country.
        (B) Exception
          Notwithstanding subparagraph (A), each such country shall be
        considered a beneficiary country under section 212(a) of the
        Caribbean Basin Economic Recovery Act [19 U.S.C. 2702(a)], for
        purposes of - 
            (i) sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this
          title;
            (ii) the duty-free treatment provided under paragraph 12 of
          Appendix I of the General Notes to the Schedule of the United
          States to Annex 3.3 of the Agreement; and
            (iii) section 274(h)(6)(B) of title 26.
    (b) Other tariff modifications
      Subject to the consultation and layover provisions of section
    4014 of this title, the President may proclaim - 
        (1) such modifications or continuation of any duty,
        (2) such modifications as the United States may agree to with a
      CAFTA-DR country regarding the staging of any duty treatment set
      forth in Annex 3.3 of the Agreement,
        (3) such continuation of duty-free or excise treatment, or
        (4) such additional duties,

    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually advantageous
    concessions provided for by the Agreement.
    (c) Conversion to ad valorem rates
      For purposes of subsections (a) and (b), with respect to any good
    for which the base rate in the Schedule of the United States to
    Annex 3.3 of the Agreement is a specific or compound rate of duty,
    the President may substitute for the base rate an ad valorem rate
    that the President determines to be equivalent to the base rate.

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 201, Aug. 2, 2005, 119 Stat. 467.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L.
    93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of the Act
    is classified generally to subchapter V (Sec. 2461 et seq.) of
    chapter 12 of this title. For complete classification of this Act
    to the Code, see section 2101 of this title and Tables.
      The Caribbean Basin Economic Recovery Act, referred to in subsec.
    (a)(3)(A), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat.
    384, as amended, which is classified principally to chapter 15
    (Sec. 2701 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2701 of this title and Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4032                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4032. Additional duties on certain agricultural goods

-STATUTE-
    (a) General provisions
      (1) Applicability of subsection
        This subsection applies to additional duties assessed under
      subsection (b).
      (2) Applicable NTR (MFN) rate of duty
        For purposes of subsection (b), the term "applicable NTR (MFN)
      rate of duty" means, with respect to a safeguard good, a rate of
      duty that is the lesser of - 
          (A) the column 1 general rate of duty that would, at the time
        the additional duty is imposed under subsection (b), apply to a
        good classifiable in the same 8-digit subheading of the HTS as
        the safeguard good; or
          (B) the column 1 general rate of duty that would, on the day
        before the date on which the Agreement enters into force, apply
        to a good classifiable in the same 8-digit subheading of the
        HTS as the safeguard good.
      (3) Schedule rate of duty
        For purposes of subsection (b), the term "schedule rate of
      duty" means, with respect to a safeguard good, the rate of duty
      for that good that is set out in the Schedule of the United
      States to Annex 3.3 of the Agreement.
      (4) Safeguard good
        In this section, the term "safeguard good" means a good - 
          (A) that is included in the Schedule of the United States to
        Annex 3.15 of the Agreement;
          (B) that qualifies as an originating good under section 4033
        of this title, except that operations performed in or material
        obtained from the United States shall be considered as if the
        operations were performed in, and the material was obtained
        from, a country that is not a party to the Agreement; and
          (C) for which a claim for preferential tariff treatment under
        the Agreement has been made.
      (5) Exceptions
        No additional duty shall be assessed on a good under subsection
      (b) if, at the time of entry, the good is subject to import
      relief under - 
          (A) part A of subchapter III of this chapter; or
          (B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.
        2251 et seq.).
      (6) Termination
        The assessment of an additional duty on a good under subsection
      (b) shall cease to apply to that good on the date on which duty-
      free treatment must be provided to that good under the Schedule
      of the United States to Annex 3.3 of the Agreement.
      (7) Notice
        Not later than 60 days after the Secretary of the Treasury
      first assesses an additional duty in a calendar year on a good
      under subsection (b), the Secretary shall notify the country
      whose good is subject to the additional duty in writing of such
      action and shall provide to that country data supporting the
      assessment of the additional duty.
    (b) Additional duties on safeguard goods
      (1) In general
        In addition to any duty proclaimed under subsection (a) or (b)
      of section 4031 of this title, and subject to subsection (a), the
      Secretary of the Treasury shall assess a duty, in the amount
      determined under paragraph (2), on a safeguard good of a CAFTA-DR
      country imported into the United States in a calendar year if the
      Secretary determines that, prior to such importation, the total
      volume of that safeguard good of such country that is imported
      into the United States in that calendar year exceeds 130 percent
      of the volume that is set out for that safeguard good in the
      corresponding year in the table for that country contained in
      Appendix I of the General Notes to the Schedule of the United
      States to Annex 3.3 of the Agreement. For purposes of this
      subsection, year 1 in that table corresponds to the calendar year
      in which the Agreement enters into force.
      (2) Calculation of additional duty
        The additional duty on a safeguard good under this subsection
      shall be - 
          (A) in the case of a good classified under subheading
        1202.10.80, 1202.20.80, 2008.11.15, 2008.11.35, or 2008.11.60
        of the HTS - 
            (i) in years 1 through 5, an amount equal to 100 percent of
          the excess of the applicable NTR (MFN) rate of duty over the
          schedule rate of duty;
            (ii) in years 6 through 10, an amount equal to 75 percent
          of the excess of the applicable NTR (MFN) rate of duty over
          the schedule rate of duty; and
            (iii) in years 11 through 14, an amount equal to 50 percent
          of the excess of the applicable NTR (MFN) rate of duty over
          the schedule rate of duty; and

          (B) in the case of any other safeguard good - 
            (i) in years 1 through 14, an amount equal to 100 percent
          of the excess of the applicable NTR (MFN) rate of duty over
          the schedule rate of duty;
            (ii) in years 15 through 17, an amount equal to 75 percent
          of the excess of the applicable NTR (MFN) rate of duty over
          the schedule rate of duty; and
            (iii) in years 18 and 19, an amount equal to 50 percent of
          the excess of the applicable NTR (MFN) rate of duty over the
          schedule rate of duty.

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 202, Aug. 2, 2005, 119 Stat. 468.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part A of subchapter III of this chapter, referred to in subsec.
    (a)(5)(A), was in the original "subtitle A of title III of this
    Act", meaning subtitle A (Secs. 311-316) of title III of Pub. L.
    109-53, Aug. 2, 2005, 119 Stat. 488, which enacted part A of
    subchapter III (Sec. 4061 et seq.) of this chapter and amended
    section 2252 of this title. For complete classification of subtitle
    A to the Code, see Tables.
      The Trade Act of 1974, referred to in subsec. (a)(5)(B), is Pub.
    L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of
    title II of the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4033                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4033. Rules of origin

-STATUTE-
    (a) Application and interpretation
      In this section:
      (1) Tariff classification
        The basis for any tariff classification is the HTS.
      (2) Reference to HTS
        Whenever in this section there is a reference to a chapter,
      heading, or subheading, such reference shall be a reference to a
      chapter, heading, or subheading of the HTS.
      (3) Cost or value
        Any cost or value referred to in this section shall be recorded
      and maintained in accordance with the generally accepted
      accounting principles applicable in the territory of the country
      in which the good is produced (whether the United States or
      another CAFTA-DR country).
    (b) Originating goods
      For purposes of this chapter and for purposes of implementing the
    preferential tariff treatment provided for under the Agreement,
    except as otherwise provided in this section, a good is an
    originating good if - 
        (1) the good is a good wholly obtained or produced entirely in
      the territory of one or more of the CAFTA-DR countries;
        (2) the good - 
          (A) is produced entirely in the territory of one or more of
        the CAFTA-DR countries, and - 
            (i) each of the nonoriginating materials used in the
          production of the good undergoes an applicable change in
          tariff classification specified in Annex 4.1 of the
          Agreement; or
            (ii) the good otherwise satisfies any applicable regional
          value-content or other requirements specified in Annex 4.1 of
          the Agreement; and

          (B) satisfies all other applicable requirements of this
        section; or

        (3) the good is produced entirely in the territory of one or
      more of the CAFTA-DR countries, exclusively from materials
      described in paragraph (1) or (2).
    (c) Regional value-content
      (1) In general
        For purposes of subsection (b)(2), the regional value-content
      of a good referred to in Annex 4.1 of the Agreement, except for
      goods to which paragraph (4) applies, shall be calculated by the
      importer, exporter, or producer of the good, on the basis of the
      build-down method described in paragraph (2) or the build-up
      method described in paragraph (3).
      (2) Build-down method
        (A) In general
          The regional value-content of a good may be calculated on the
        basis of the following build-down method:


                     AV - VNM
         RVC   =     --------  * 100
                        AV
                        
                        
        (B) Definitions
          In subparagraph (A):
          (i) RVC
            The term "RVC" means the regional value-content of the
          good, expressed as a percentage.
          (ii) AV
            The term "AV" means the adjusted value of the good.
          (iii) VNM
            The term "VNM" means the value of nonoriginating materials
          that are acquired and used by the producer in the production
          of the good, but does not include the value of a material
          that is self-produced.
      (3) Build-up method
        (A) In general
          The regional value-content of a good may be calculated on the
        basis of the following build-up method:


                        VOM 
         RVC   =     --------  * 100
                        AV

        (B) Definitions
          In subparagraph (A):
          (i) RVC
            The term "RVC" means the regional value-content of the
          good, expressed as a percentage.
          (ii) AV
            The term "AV" means the adjusted value of the good.
          (iii) VOM
            The term "VOM" means the value of originating materials
          that are acquired or self-produced, and used by the producer
          in the production of the good.
      (4) Special rule for certain automotive goods
        (A) In general
          For purposes of subsection (b)(2), the regional value-content
        of an automotive good referred to in Annex 4.1 of the Agreement
        may be calculated by the importer, exporter, or producer of the
        good, on the basis of the following net cost method:


                     NC - VNM
         RVC   =     --------  * 100
                        NC
                        

        (B) Definitions
          In subparagraph (A):
          (i) Automotive good
            The term "automotive good" means a good provided for in any
          of subheadings 8407.31 through 8407.34, subheading 8408.20,
          heading 8409, or in any of headings 8701 through 8708.
          (ii) RVC
            The term "RVC" means the regional value-content of the
          automotive good, expressed as a percentage.
          (iii) NC
            The term "NC" means the net cost of the automotive good.
          (iv) VNM
            The term "VNM" means the value of nonoriginating materials
          that are acquired and used by the producer in the production
          of the automotive good, but does not include the value of a
          material that is self-produced.
        (C) Motor vehicles
          (i) Basis of calculation
            For purposes of determining the regional value-content
          under subparagraph (A) for an automotive good that is a motor
          vehicle provided for in any of headings 8701 through 8705, an
          importer, exporter, or producer may average the amounts
          calculated under the formula contained in subparagraph (A),
          over the producer's fiscal year - 
              (I) with respect to all motor vehicles in any 1 of the
            categories described in clause (ii); or
              (II) with respect to all motor vehicles in any such
            category that are exported to the territory of one or more
            of the CAFTA-DR countries.
          (ii) Categories
            A category is described in this clause if it - 
              (I) is the same model line of motor vehicles, is in the
            same class of vehicles, and is produced in the same plant
            in the territory of a CAFTA-DR country, as the good
            described in clause (i) for which regional value-content is
            being calculated;
              (II) is the same class of motor vehicles, and is produced
            in the same plant in the territory of a CAFTA-DR country,
            as the good described in clause (i) for which regional
            value-content is being calculated; or
              (III) is the same model line of motor vehicles produced
            in the territory of a CAFTA-DR country as the good
            described in clause (i) for which regional value-content is
            being calculated.
        (D) Other automotive goods
          For purposes of determining the regional value-content under
        subparagraph (A) for automotive goods provided for in any of
        subheadings 8407.31 through 8407.34, in subheading 8408.20, or
        in heading 8409, 8706, 8707, or 8708, that are produced in the
        same plant, an importer, exporter, or producer may - 
            (i) average the amounts calculated under the formula
          contained in subparagraph (A) over - 
              (I) the fiscal year of the motor vehicle producer to whom
            the automotive goods are sold,
              (II) any quarter or month, or
              (III) its own fiscal year,

          if the goods were produced during the fiscal year, quarter,
          or month that is the basis for the calculation;
            (ii) determine the average referred to in clause (i)
          separately for such goods sold to 1 or more motor vehicle
          producers; or
            (iii) make a separate determination under clause (i) or
          (ii) for automotive goods that are exported to the territory
          of one or more of the CAFTA-DR countries.
        (E) Calculating net cost
          The importer, exporter, or producer shall, consistent with
        the provisions regarding allocation of costs set out in
        generally accepted accounting principles, determine the net
        cost of an automotive good under subparagraph (B) by - 
            (i) calculating the total cost incurred with respect to all
          goods produced by the producer of the automotive good,
          subtracting any sales promotion, marketing and after-sales
          service costs, royalties, shipping and packing costs, and
          nonallowable interest costs that are included in the total
          cost of all such goods, and then reasonably allocating the
          resulting net cost of those goods to the automotive good;
            (ii) calculating the total cost incurred with respect to
          all goods produced by that producer, reasonably allocating
          the total cost to the automotive good, and then subtracting
          any sales promotion, marketing and after-sales service costs,
          royalties, shipping and packing costs, and nonallowable
          interest costs that are included in the portion of the total
          cost allocated to the automotive good; or
            (iii) reasonably allocating each cost that forms part of
          the total cost incurred with respect to the automotive good
          so that the aggregate of all such costs does not include any
          sales promotion, marketing and after-sales service costs,
          royalties, shipping and packing costs, or nonallowable
          interest costs.
    (d) Value of materials
      (1) In general
        For the purpose of calculating the regional value-content of a
      good under subsection (c), and for purposes of applying the de
      minimis rules under subsection (f), the value of a material is - 
          (A) in the case of a material that is imported by the
        producer of the good, the adjusted value of the material;
          (B) in the case of a material acquired in the territory in
        which the good is produced, the value, determined in accordance
        with Articles 1 through 8, Article 15, and the corresponding
        interpretive notes of the Agreement on Implementation of
        Article VII of the General Agreement on Tariffs and Trade 1994
        referred to in section 3511(d)(8) of this title, as set forth
        in regulations promulgated by the Secretary of the Treasury
        providing for the application of such Articles in the absence
        of an importation; or
          (C) in the case of a material that is self-produced, the sum
        of - 
            (i) all expenses incurred in the production of the
          material, including general expenses; and
            (ii) an amount for profit equivalent to the profit added in
          the normal course of trade.
      (2) Further adjustments to the value of materials
        (A) Originating material
          The following expenses, if not included in the value of an
        originating material calculated under paragraph (1), may be
        added to the value of the originating material:
            (i) The costs of freight, insurance, packing, and all other
          costs incurred in transporting the material within or between
          the territory of one or more of the CAFTA-DR countries to the
          location of the producer.
            (ii) Duties, taxes, and customs brokerage fees on the
          material paid in the territory of one or more of the CAFTA-DR
          countries, other than duties or taxes that are waived,
          refunded, refundable, or otherwise recoverable, including
          credit against duty or tax paid or payable.
            (iii) The cost of waste and spoilage resulting from the use
          of the material in the production of the good, less the value
          of renewable scrap or byproducts.
        (B) Nonoriginating material
          The following expenses, if included in the value of a
        nonoriginating material calculated under paragraph (1), may be
        deducted from the value of the nonoriginating material:
            (i) The costs of freight, insurance, packing, and all other
          costs incurred in transporting the material within or between
          the territory of one or more of the CAFTA-DR countries to the
          location of the producer.
            (ii) Duties, taxes, and customs brokerage fees on the
          material paid in the territory of one or more of the CAFTA-DR
          countries, other than duties or taxes that are waived,
          refunded, refundable, or otherwise recoverable, including
          credit against duty or tax paid or payable.
            (iii) The cost of waste and spoilage resulting from the use
          of the material in the production of the good, less the value
          of renewable scrap or byproducts.
            (iv) The cost of originating materials used in the
          production of the nonoriginating material in the territory of
          one or more of the CAFTA-DR countries.
    (e) Accumulation
      (1) Originating materials used in production of goods of another
        country
        Originating materials from the territory of one or more of the
      CAFTA-DR countries that are used in the production of a good in
      the territory of another CAFTA-DR country shall be considered to
      originate in the territory of that other country.
      (2) Multiple procedures
        A good that is produced in the territory of one or more of the
      CAFTA-DR countries by 1 or more producers is an originating good
      if the good satisfies the requirements of subsection (b) and all
      other applicable requirements of this section.
    (f) De minimis amounts of nonoriginating materials
      (1) In general
        Except as provided in paragraphs (2) and (3), a good that does
      not undergo a change in tariff classification pursuant to Annex
      4.1 of the Agreement is an originating good if - 
          (A) the value of all nonoriginating materials that - 
            (i) are used in the production of the good, and
            (ii) do not undergo the applicable change in tariff
          classification (set out in Annex 4.1 of the Agreement),

        does not exceed 10 percent of the adjusted value of the good;
          (B) the good meets all other applicable requirements of this
        section; and
          (C) the value of such nonoriginating materials is included in
        the value of nonoriginating materials for any applicable
        regional value-content requirement for the good.
      (2) Exceptions
        Paragraph (1) does not apply to the following:
          (A) A nonoriginating material provided for in chapter 4, or a
        nonoriginating dairy preparation containing over 10 percent by
        weight of milk solids provided for in subheading 1901.90 or
        2106.90, that is used in the production of a good provided for
        in chapter 4.
          (B) A nonoriginating material provided for in chapter 4, or a
        nonoriginating dairy preparation containing over 10 percent by
        weight of milk solids provided for in subheading 1901.90, that
        is used in the production of the following goods:
            (i) Infant preparations containing over 10 percent by
          weight of milk solids provided for in subheading 1901.10.
            (ii) Mixes and doughs, containing over 25 percent by weight
          of butterfat, not put up for retail sale, provided for in
          subheading 1901.20.
            (iii) Dairy preparations containing over 10 percent by
          weight of milk solids provided for in subheading 1901.90 or
          2106.90.
            (iv) Goods provided for in heading 2105.
            (v) Beverages containing milk provided for in subheading
          2202.90.
            (vi) Animal feeds containing over 10 percent by weight of
          milk solids provided for in subheading 2309.90.

          (C) A nonoriginating material provided for in heading 0805,
        or any of subheadings 2009.11 through 2009.39, that is used in
        the production of a good provided for in any of subheadings
        2009.11 through 2009.39, or in fruit or vegetable juice of any
        single fruit or vegetable, fortified with minerals or vitamins,
        concentrated or unconcentrated, provided for in subheading
        2106.90 or 2202.90.
          (D) A nonoriginating material provided for in heading 0901 or
        2101 that is used in the production of a good provided for in
        heading 0901 or 2101.
          (E) A nonoriginating material provided for in heading 1006
        that is used in the production of a good provided for in
        heading 1102 or 1103 or subheading 1904.90.
          (F) A nonoriginating material provided for in chapter 15 that
        is used in the production of a good provided for in chapter 15.
          (G) A nonoriginating material provided for in heading 1701
        that is used in the production of a good provided for in any of
        headings 1701 through 1703.
          (H) A nonoriginating material provided for in chapter 17 that
        is used in the production of a good provided for in subheading
        1806.10.
          (I) Except as provided in subparagraphs (A) through (H) and
        Annex 4.1 of the Agreement, a nonoriginating material used in
        the production of a good provided for in any of chapters 1
        through 24, unless the nonoriginating material is provided for
        in a different subheading than the good for which origin is
        being determined under this section.
      (3) Textile or apparel goods
        (A) In general
          Except as provided in subparagraph (B), a textile or apparel
        good that is not an originating good because certain fibers or
        yarns used in the production of the component of the good that
        determines the tariff classification of the good do not undergo
        an applicable change in tariff classification, set out in Annex
        4.1 of the Agreement, shall be considered to be an originating
        good if - 
            (i) the total weight of all such fibers or yarns in that
          component is not more than 10 percent of the total weight of
          that component; or
            (ii) the yarns are those described in section
          3203(b)(3)(B)(vi)(IV) of this title (as in effect on August
          2, 2005).
        (B) Certain textile or apparel goods
          A textile or apparel good containing elastomeric yarns in the
        component of the good that determines the tariff classification
        of the good shall be considered to be an originating good only
        if such yarns are wholly formed in the territory of a CAFTA-DR
        country.
        (C) Yarn, fabric, or fiber
          For purposes of this paragraph, in the case of a good that is
        a yarn, fabric, or fiber, the term "component of the good that
        determines the tariff classification of the good" means all of
        the fibers in the good.
    (g) Fungible goods and materials
      (1) In general
        (A) Claim for preferential tariff treatment
          A person claiming that a fungible good or fungible material
        is an originating good may base the claim either on the
        physical segregation of the fungible good or fungible material
        or by using an inventory management method with respect to the
        fungible good or fungible material.
        (B) Inventory management method
          In this subsection, the term "inventory management method"
        means - 
            (i) averaging;
            (ii) "last-in, first-out";
            (iii) "first-in, first-out"; or
            (iv) any other method - 
              (I) recognized in the generally accepted accounting
            principles of the CAFTA-DR country in which the production
            is performed; or
              (II) otherwise accepted by that country.
      (2) Election of inventory method
        A person selecting an inventory management method under
      paragraph (1) for a particular fungible good or fungible material
      shall continue to use that method for that fungible good or
      fungible material throughout the fiscal year of that person.
    (h) Accessories, spare parts, or tools
      (1) In general
        Subject to paragraphs (2) and (3), accessories, spare parts, or
      tools delivered with a good that form part of the good's standard
      accessories, spare parts, or tools shall - 
          (A) be treated as originating goods if the good is an
        originating good; and
          (B) be disregarded in determining whether all the
        nonoriginating materials used in the production of the good
        undergo the applicable change in tariff classification set out
        in Annex 4.1 of the Agreement.
      (2) Conditions
        Paragraph (1) shall apply only if - 
          (A) the accessories, spare parts, or tools are classified
        with and not invoiced separately from the good, regardless of
        whether they appear specified or separately identified in the
        invoice for the good; and
          (B) the quantities and value of the accessories, spare parts,
        or tools are customary for the good.
      (3) Regional value-content
        If the good is subject to a regional value-content requirement,
      the value of the accessories, spare parts, or tools shall be
      taken into account as originating or nonoriginating materials, as
      the case may be, in calculating the regional value-content of the
      good.
    (i) Packaging materials and containers for retail sale
      Packaging materials and containers in which a good is packaged
    for retail sale, if classified with the good, shall be disregarded
    in determining whether all the nonoriginating materials used in the
    production of the good undergo the applicable change in tariff
    classification set out in Annex 4.1 of the Agreement, and, if the
    good is subject to a regional value-content requirement, the value
    of such packaging materials and containers shall be taken into
    account as originating or nonoriginating materials, as the case may
    be, in calculating the regional value-content of the good.
    (j) Packing materials and containers for shipment
      Packing materials and containers for shipment shall be
    disregarded in determining whether a good is an originating good.
    (k) Indirect materials
      An indirect material shall be treated as an originating material
    without regard to where it is produced.
    (l) Transit and transhipment
      A good that has undergone production necessary to qualify as an
    originating good under subsection (b) shall not be considered to be
    an originating good if, subsequent to that production, the good - 
        (1) undergoes further production or any other operation outside
      the territories of the CAFTA-DR countries, other than unloading,
      reloading, or any other operation necessary to preserve the good
      in good condition or to transport the good to the territory of a
      CAFTA-DR country; or
        (2) does not remain under the control of customs authorities in
      the territory of a country other than a CAFTA-DR country.
    (m) Goods classifiable as goods put up in sets
      Notwithstanding the rules set forth in Annex 4.1 of the
    Agreement, goods classifiable as goods put up in sets for retail
    sale as provided for in General Rule of Interpretation 3 of the HTS
    shall not be considered to be originating goods unless - 
        (1) each of the goods in the set is an originating good; or
        (2) the total value of the nonoriginating goods in the set does
      not exceed - 
          (A) in the case of textile or apparel goods, 10 percent of
        the adjusted value of the set; or
          (B) in the case of a good, other than a textile or apparel
        good, 15 percent of the adjusted value of the set.
    (n) Definitions
      In this section:
      (1) Adjusted value
        The term "adjusted value" means the value determined in
      accordance with Articles 1 through 8, Article 15, and the
      corresponding interpretive notes of the Agreement on
      Implementation of Article VII of the General Agreement on Tariffs
      and Trade 1994 referred to in section 3511(d)(8) of this title,
      adjusted, if necessary, to exclude any costs, charges, or
      expenses incurred for transportation, insurance, and related
      services incident to the international shipment of the
      merchandise from the country of exportation to the place of
      importation.
      (2) CAFTA-DR country
        The term "CAFTA-DR country" means - 
          (A) the United States; and
          (B) Costa Rica, the Dominican Republic, El Salvador,
        Guatemala, Honduras, or Nicaragua, for such time as the
        Agreement is in force between the United States and that
        country.
      (3) Class of motor vehicles
        The term "class of motor vehicles" means any one of the
      following categories of motor vehicles:
          (A) Motor vehicles provided for in subheading 8701.20,
        8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705
        or 8706, or motor vehicles for the transport of 16 or more
        persons provided for in subheading 8702.10 or 8702.90.
          (B) Motor vehicles provided for in subheading 8701.10 or any
        of subheadings 8701.30 through 8701.90.
          (C) Motor vehicles for the transport of 15 or fewer persons
        provided for in subheading 8702.10 or 8702.90, or motor
        vehicles provided for in subheading 8704.21 or 8704.31.
          (D) Motor vehicles provided for in any of subheadings 8703.21
        through 8703.90.
      (4) Fungible good or fungible material
        The term "fungible good" or "fungible material" means a good or
      material, as the case may be, that is interchangeable with
      another good or material for commercial purposes and the
      properties of which are essentially identical to such other good
      or material.
      (5) Generally accepted accounting principles
        The term "generally accepted accounting principles" means the
      recognized consensus or substantial authoritative support in the
      territory of a CAFTA-DR country with respect to the recording of
      revenues, expenses, costs, assets, and liabilities, the
      disclosure of information, and the preparation of financial
      statements. The principles may encompass broad guidelines of
      general application as well as detailed standards, practices, and
      procedures.
      (6) Goods wholly obtained or produced entirely in the territory
        of one or more of the CAFTA-DR countries
        The term "goods wholly obtained or produced entirely in the
      territory of one or more of the CAFTA-DR countries" means - 
          (A) plants and plant products harvested or gathered in the
        territory of one or more of the CAFTA-DR countries;
          (B) live animals born and raised in the territory of one or
        more of the CAFTA-DR countries;
          (C) goods obtained in the territory of one or more of the
        CAFTA-DR countries from live animals;
          (D) goods obtained from hunting, trapping, fishing or
        aquaculture conducted in the territory of one or more of the
        CAFTA-DR countries;
          (E) minerals and other natural resources not included in
        subparagraphs (A) through (D) that are extracted or taken in
        the territory of one or more of the CAFTA-DR countries;
          (F) fish, shellfish, and other marine life taken from the
        sea, seabed, or subsoil outside the territory of one or more of
        the CAFTA-DR countries by vessels registered or recorded with a
        CAFTA-DR country and flying the flag of that country;
          (G) goods produced on board factory ships from the goods
        referred to in subparagraph (F), if such factory ships are
        registered or recorded with that CAFTA-DR country and fly the
        flag of that country;
          (H) goods taken by a CAFTA-DR country or a person of a CAFTA-
        DR country from the seabed or subsoil outside territorial
        waters, if a CAFTA-DR country has rights to exploit such seabed
        or subsoil;
          (I) goods taken from outer space, if the goods are obtained
        by a CAFTA-DR country or a person of a CAFTA-DR country and not
        processed in the territory of a country other than a CAFTA-DR
        country;
          (J) waste and scrap derived from - 
            (i) manufacturing or processing operations in the territory
          of one or more of the CAFTA-DR countries; or
            (ii) used goods collected in the territory of one or more
          of the CAFTA-DR countries, if such goods are fit only for the
          recovery of raw materials;

          (K) recovered goods derived in the territory of one or more
        of the CAFTA-DR countries from used goods, and used in the
        territory of a CAFTA-DR country in the production of
        remanufactured goods; and
          (L) goods produced in the territory of one or more of the
        CAFTA-DR countries exclusively from - 
            (i) goods referred to in any of subparagraphs (A) through
          (J), or
            (ii) the derivatives of goods referred to in clause (i),

        at any stage of production.
      (7) Identical goods
        The term "identical goods" means identical goods as defined in
      the Agreement on Implementation of Article VII of the General
      Agreement on Tariffs and Trade 1994 referred to in section
      3511(d)(8) of this title;
      (8) Indirect material
        The term "indirect material" means a good used in the
      production, testing, or inspection of a good but not physically
      incorporated into the good, or a good used in the maintenance of
      buildings or the operation of equipment associated with the
      production of a good, including - 
          (A) fuel and energy;
          (B) tools, dies, and molds;
          (C) spare parts and materials used in the maintenance of
        equipment or buildings;
          (D) lubricants, greases, compounding materials, and other
        materials used in production or used to operate equipment or
        buildings;
          (E) gloves, glasses, footwear, clothing, safety equipment,
        and supplies;
          (F) equipment, devices, and supplies used for testing or
        inspecting the good;
          (G) catalysts and solvents; and
          (H) any other goods that are not incorporated into the good
        but the use of which in the production of the good can
        reasonably be demonstrated to be a part of that production.
      (9) Material
        The term "material" means a good that is used in the production
      of another good, including a part or an ingredient.
      (10) Material that is self-produced
        The term "material that is self-produced" means an originating
      material that is produced by a producer of a good and used in the
      production of that good.
      (11) Model line
        The term "model line" means a group of motor vehicles having
      the same platform or model name.
      (12) Net cost
        The term "net cost" means total cost minus sales promotion,
      marketing, and after-sales service costs, royalties, shipping and
      packing costs, and non-allowable interest costs that are included
      in the total cost.
      (13) Nonallowable interest costs
        The term "nonallowable interest costs" means interest costs
      incurred by a producer that exceed 700 basis points above the
      applicable official interest rate for comparable maturities of
      the CAFTA-DR country in which the producer is located.
      (14) Nonoriginating good or nonoriginating material
        The terms "nonoriginating good" and "nonoriginating material"
      mean a good or material, as the case may be, that does not
      qualify as originating under this section.
      (15) Packing materials and containers for shipment
        The term "packing materials and containers for shipment" means
      the goods used to protect a good during its transportation and
      does not include the packaging materials and containers in which
      a good is packaged for retail sale.
      (16) Preferential tariff treatment
        The term "preferential tariff treatment" means the customs duty
      rate, and the treatment under article 3.10.4 of the Agreement,
      that are applicable to an originating good pursuant to the
      Agreement.
      (17) Producer
        The term "producer" means a person who engages in the
      production of a good in the territory of a CAFTA-DR country.
      (18) Production
        The term "production" means growing, mining, harvesting,
      fishing, raising, trapping, hunting, manufacturing, processing,
      assembling, or disassembling a good.
      (19) Reasonably allocate
        The term "reasonably allocate" means to apportion in a manner
      that would be appropriate under generally accepted accounting
      principles.
      (20) Recovered goods
        The term "recovered goods" means materials in the form of
      individual parts that are the result of - 
          (A) the disassembly of used goods into individual parts; and
          (B) the cleaning, inspecting, testing, or other processing
        that is necessary for improvement to sound working condition of
        such individual parts.
      (21) Remanufactured good
        The term "remanufactured good" means a good that is classified
      under chapter 84, 85, or 87, or heading 9026, 9031, or 9032,
      other than a good classified under heading 8418 or 8516, and that
      - 
          (A) is entirely or partially comprised of recovered goods;
        and
          (B) has a similar life expectancy and enjoys a factory
        warranty similar to such a new good.
      (22) Total cost
        The term "total cost" means all product costs, period costs,
      and other costs for a good incurred in the territory of one or
      more of the CAFTA-DR countries.
      (23) Used
        The term "used" means used or consumed in the production of
      goods.
    (o) Presidential proclamation authority
      (1) In general
        The President is authorized to proclaim, as part of the HTS - 
          (A) the provisions set out in Annex 4.1 of the Agreement; and
          (B) any additional subordinate category necessary to carry
        out this subchapter consistent with the Agreement.
      (2) Fabrics and yarns not available in commercial quantities in
        the United States
        The President is authorized to proclaim that a fabric or yarn
      is added to the list in Annex 3.25 of the Agreement in an
      unrestricted quantity, as provided in article 3.25.4(e) of the
      Agreement.
      (3) Modifications
        (A) In general
          Subject to the consultation and layover provisions of section
        4014 of this title, the President may proclaim modifications to
        the provisions proclaimed under the authority of paragraph
        (1)(A), other than provisions of chapters 50 through 63, as
        included in Annex 4.1 of the Agreement.
        (B) Additional proclamations
          Notwithstanding subparagraph (A), and subject to the
        consultation and layover provisions of section 4014 of this
        title, the President may proclaim before the end of the 1-year
        period beginning on August 2, 2005, modifications to correct
        any typographical, clerical, or other nonsubstantive technical
        error regarding the provisions of chapters 50 through 63, as
        included in Annex 4.1 of the Agreement.
      (4) Fabrics, yarns, or fibers not available in commercial
        quantities in the CAFTA-DR countries
        (A) In general
          Notwithstanding paragraph 3(A), the list of fabrics, yarns,
        and fibers set out in Annex 3.25 of the Agreement may be
        modified as provided for in this paragraph.
        (B) Definitions
          In this paragraph:
            (i) The term "interested entity" means the government of a
          CAFTA-DR country other than the United States, a potential or
          actual purchaser of a textile or apparel good, or a potential
          or actual supplier of a textile or apparel good.
            (ii) All references to "day" and "days" exclude Saturdays,
          Sundays, and legal holidays.
        (C) Requests to add fabrics, yarns, or fibers
          (i) An interested entity may request the President to
        determine that a fabric, yarn, or fiber is not available in
        commercial quantities in a timely manner in the CAFTA-DR
        countries and to add that fabric, yarn, or fiber to the list in
        Annex 3.25 of the Agreement in a restricted or unrestricted
        quantity.
          (ii) After receiving a request under clause (i), the
        President may determine whether - 
            (I) the fabric, yarn, or fiber is available in commercial
          quantities in a timely manner in the CAFTA-DR countries; or
            (II) any interested entity objects to the request.

          (iii) The President may, within the time periods specified in
        clause (iv), proclaim that a fabric, yarn, or fiber that is the
        subject of a request submitted under clause (i) is added to the
        list in Annex 3.25 of the Agreement in an unrestricted
        quantity, or in any restricted quantity that the President may
        establish, if the President determines under clause (ii) that -
        
            (I) the fabric, yarn, or fiber is not available in
          commercial quantities in a timely manner in the CAFTA-DR
          countries; or
            (II) no interested entity has objected to the request.

          (iv) The time periods within which the President may issue a
        proclamation under clause (iii) are - 
            (I) not later than 30 days after the date on which the
          request is submitted under clause (i); or
            (II) not later than 44 days after the request is submitted,
          if the President determines, within 30 days after the date on
          which the request is submitted, that the President does not
          have sufficient information to make a determination under
          clause (ii).

          (v) Notwithstanding section 4013(a)(2) of this title, a
        proclamation made under clause (iii) shall take effect on the
        date on which the text of the proclamation is published in the
        Federal Register.
          (vi) Not later than 6 months after proclaiming under clause
        (iii) that a fabric, yarn, or fiber is added to the list in
        Annex 3.25 of the Agreement in a restricted quantity, the
        President may eliminate the restriction if the President
        determines that the fabric, yarn, or fiber is not available in
        commercial quantities in a timely manner in the CAFTA-DR
        countries.
        (D) Deemed approval of request
          If, after an interested entity submits a request under
        subparagraph (C)(i), the President does not, within the
        applicable time period specified in subparagraph (C)(iv), make
        a determination under subparagraph (C)(ii) regarding the
        request, the fabric, yarn, or fiber that is the subject of the
        request shall be considered to be added, in an unrestricted
        quantity, to the list in Annex 3.25 of the Agreement beginning -
         
            (i) 45 days after the date on which the request was
          submitted; or
            (ii) 60 days after the date on which the request was
          submitted, if the President made a determination under
          subparagraph (C)(iv)(II).
        (E) Requests to restrict or remove fabrics, yarns, or fibers
          (i) Subject to clause (ii), an interested entity may request
        the President to restrict the quantity of, or remove from the
        list in Annex 3.25 of the Agreement, any fabric, yarn, or fiber
        - 
            (I) that has been added to that list in an unrestricted
          quantity pursuant to paragraph (2) or subparagraph (C)(iii)
          or (D); or
            (II) with respect to which the President has eliminated a
          restriction under subparagraph (C)(vi).

          (ii) An interested entity may submit a request under clause
        (i) at any time beginning 6 months after the date of the action
        described in subclause (I) or (II) of that clause.
          (iii) Not later than 30 days after the date on which a
        request under clause (i) is submitted, the President may
        proclaim an action provided for under clause (i) if the
        President determines that the fabric, yarn, or fiber that is
        the subject of the request is available in commercial
        quantities in a timely manner in the CAFTA-DR countries.
          (iv) A proclamation declared under clause (iii) shall take
        effect no earlier than the date that is 6 months after the date
        on which the text of the proclamation is published in the
        Federal Register.
        (F) Procedures
          The President shall establish procedures - 
            (i) governing the submission of a request under
          subparagraphs (C) and (E); and
            (ii) providing an opportunity for interested entities to
          submit comments and supporting evidence before the President
          makes a determination under subparagraph (C)(ii) or (vi) or
          (E)(iii).

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 203, Aug. 2, 2005, 119 Stat. 469;
    Pub. L. 109-135, title IV, Sec. 421, Dec. 21, 2005, 119 Stat.
    2642.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4001 of this title and Tables.
      This subchapter, referred to in subsec. (o)(1)(B), was in the
    original "this title" meaning title II of Pub. L. 109-53, Aug. 2,
    2005, 119 Stat. 462, which enacted this subchapter and amended
    sections 58c, 1508, 1514, 1520, and 1592 of this title. For
    complete classification of title II to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c)(2)(A). Pub. L. 109-135, Sec. 421(1),
    substituted

                      AV - VNM
             "RVC = ------------  * 100"
                         AV
                         
    for

                         AV
            "RVC = ---------------- * 100"
                       AV-VNM  


      Subsec. (c)(3)(A). Pub. L. 109-135, Sec. 421(2), substituted


                        VOM
             "RVC = ------------  * 100"
                        AV
                         
    for

                         AV
            "RVC = ---------------- * 100"
                        VOM  


      Subsec. (c)(4)(A). Pub. L. 109-135, Sec. 421(3), substituted


                      NC - VNM
             "RVC = ------------  * 100"
                         NC
                         
    for

                         NC
            "RVC = ---------------- * 100"
                       NC-VNM  



                      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.


-EXEC-
        PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-CENTRAL
                AMERICA-UNITED STATES FREE TRADE AGREEMENT
      Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10827, provided in par.
    (4) that the Committee for the Implementation of Textile Agreements
    is authorized to exercise the President's authority under subsec.
    (o) of this section to determine that a fabric, yarn, or fiber is
    not available in commercial quantities in a timely manner in the
    United States and those Agreement countries for which the Agreement
    has entered into force, and to add any such fabric, yarn, or fiber
    to the list in Annex 3.25 of the Agreement in a restricted or
    unrestricted quantity; to eliminate a restriction on the quantity
    of a fabric, yarn, or fiber within 6 months after adding the
    fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement
    in a restricted quantity; to restrict the quantity of, or remove
    from the list in Annex 3.25 of the Agreement, certain fabrics,
    yarns, or fibers; and to establish procedures governing the
    submission of a request for any such determination and to ensure
    appropriate public participation in any such determination.

-End-



-CITE-
    19 USC Sec. 4034                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4034. Retroactive application for certain liquidations and
      reliquidations of textile or apparel goods

-STATUTE-
    (a) In general
      Notwithstanding section 1514 of this title or any other provision
    of law, and subject to subsection (c), an entry - 
        (1) of a textile or apparel good - 
          (A) of a CAFTA-DR country that the United States Trade
        Representative has designated as an eligible country under
        subsection (b), and
          (B) that would have qualified as an originating good under
        section 4033 of this title if the good had been entered after
        the date of entry into force of the Agreement for that country,

        (2) that was made on or after January 1, 2004, and before the
      date of the entry into force of the Agreement with respect to
      that country or any other CAFTA-DR country, and
        (3) for which customs duties in excess of the applicable rate
      of duty for that good set out in the Schedule of the United
      States to Annex 3.3 of the Agreement were paid,

    shall be liquidated or reliquidated at the applicable rate of duty
    for that good set out in the Schedule of the United States to Annex
    3.3 of the Agreement, and the Secretary of the Treasury shall
    refund any excess customs duties paid with respect to such entry.
    (b) Eligible country
      The United States Trade Representative shall determine, in
    accordance with article 3.20 of the Agreement, which CAFTA-DR
    countries are eligible countries for purposes of this section, and
    shall publish a list of all such countries in the Federal Register.
    (c) Requests
      Liquidation or reliquidation may be made under subsection (a)
    with respect to an entry of a textile or apparel good only if a
    request therefor is filed with the Bureau of Customs and Border
    Protection, within such period as the Bureau of Customs and Border
    Protection shall establish by regulation in consultation with the
    Secretary of the Treasury, that contains sufficient information to
    enable the Bureau of Customs and Border Protection - 
        (1)(A) to locate the entry; or
        (B) to reconstruct the entry if it cannot be located; and
        (2) to determine that the good satisfies the conditions set out
      in subsection (a).
    (d) Definition
      As used in this section, the term "entry" includes a withdrawal
    from warehouse for consumption.

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 205, Aug. 2, 2005, 119 Stat. 483;
    Pub. L. 109-280, title XIV, Sec. 1634(d), Aug. 17, 2006, 120 Stat.
    1168.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-280 inserted "or any other
    CAFTA-DR country" after "that country".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-280 applicable with respect to goods
    entered, or withdrawn from warehouse for consumption, on or after
    the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109-
    280, set out as a note under section 58c of this title.

                      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.

-End-



-CITE-
    19 USC Sec. 4035                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4035. Enforcement relating to trade in textile or apparel
      goods

-STATUTE-
    (a) Action during verification
      (1) In general
        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) Determination
        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,

        is accurate.
    (b) Appropriate action described
      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) Action on completion of a verification
      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 described
      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) Publication of name of person
      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.

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 209, Aug. 2, 2005, 119 Stat. 486.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.


-EXEC-
        PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-CENTRAL
                AMERICA-UNITED STATES FREE TRADE AGREEMENT
      Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10827, 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.

-End-



-CITE-
    19 USC Sec. 4036                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-
    Sec. 4036. Regulations

-STATUTE-
      The Secretary of the Treasury shall prescribe such regulations as
    may be necessary to carry out - 
        (1) subsections (a) through (n) of section 4033 of this title;
        (2) the amendment made by section 204; (!1) and

        (3) any proclamation issued under section 4033(o) of this
      title.

-SOURCE-
    (Pub. L. 109-53, title II, Sec. 210, Aug. 2, 2005, 119 Stat. 488.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 204, referred to in par. (2), is section 204 of Pub. L.
    109-53, which amended section 58c of this title.


-MISC1-
                      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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    19 USC SUBCHAPTER III - RELIEF FROM IMPORTS                 01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS

-HEAD-
                   SUBCHAPTER III - RELIEF FROM IMPORTS               

-End-



-CITE-
    19 USC Sec. 4051                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS

-HEAD-
    Sec. 4051. Definitions

-STATUTE-
      In this subchapter:
      (1) CAFTA-DR article
        The term "CAFTA-DR article" means an article that qualifies as
      an originating good under section 4033(b) of this title.
      (2) CAFTA-DR textile or apparel article
        The term "CAFTA-DR textile or apparel article" means a textile
      or apparel good (as defined in section 4002(5) of this title)
      that is a CAFTA-DR article.
      (3) De minimis supplying country
        (A) Subject to subparagraph (B), the term "de minimis supplying
      country" means a CAFTA-DR country whose share of imports of the
      relevant CAFTA-DR article into the United States does not exceed
      3 percent of the aggregate volume of imports of the relevant
      CAFTA-DR article in the most recent 12-month period for which
      data are available that precedes the filing of the petition under
      section 4061(a) of this title.
        (B) A CAFTA-DR country shall not be considered to be a de
      minimis supplying country if the aggregate share of imports of
      the relevant CAFTA-DR article into the United States of all CAFTA-
      DR countries that satisfy the conditions of subparagraph (A)
      exceeds 9 percent of the aggregate volume of imports of the
      relevant CAFTA-DR article during the applicable 12-month period.
      (4) Relevant CAFTA-DR article
        The term "relevant CAFTA-DR article" means the CAFTA-DR article
      with respect to which a petition has been filed under section
      4061(a) of this title.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 301, Aug. 2, 2005, 119 Stat. 488.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title" meaning title III of Pub. L. 109-53, Aug. 2, 2005, 119 Stat.
    488, which enacted this subchapter and amended section 2252 of this
    title. For complete classification of title III to the Code, see
    Tables.


-MISC1-
                      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.

-End-


-CITE-
    19 USC Part A - Relief From Imports Benefiting From the
                     Agreement                             01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
        PART A - RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT    

-End-



-CITE-
    19 USC Sec. 4061                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
    Sec. 4061. Commencing of action for relief

-STATUTE-
    (a) Filing of petition
      A petition requesting action under this part for the purpose of
    adjusting to the obligations of the United States under the
    Agreement may be filed with the Commission by an entity, including
    a trade association, firm, certified or recognized union, or group
    of workers, that is representative of an industry. The Commission
    shall transmit a copy of any petition filed under this subsection
    to the United States Trade Representative.
    (b) Investigation and determination
      Upon the filing of a petition under subsection (a), the
    Commission, unless subsection (d) applies, shall promptly initiate
    an investigation to determine whether, as a result of the reduction
    or elimination of a duty provided for under the Agreement, a CAFTA-
    DR article is being imported into the United States in such
    increased quantities, in absolute terms or relative to domestic
    production, and under such conditions that imports of the CAFTA-DR
    article constitute a substantial cause of serious injury or threat
    thereof to the domestic industry producing an article that is like,
    or directly competitive with, the imported article.
    (c) Applicable provisions
      The following provisions of section 2252 of this title apply with
    respect to any investigation initiated under subsection (b):
        (1) Paragraphs (1)(B) and (3) of subsection (b).
        (2) Subsection (c).
        (3) Subsection (i).
    (d) Articles exempt from investigation
      No investigation may be initiated under this section with respect
    to any CAFTA-DR article if, after the date that the Agreement
    enters into force, import relief has been provided with respect to
    that CAFTA-DR article under this part.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 311, Aug. 2, 2005, 119 Stat. 488.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsecs. (a) and (d), was in the
    original "this subtitle", meaning subtitle A (Secs. 311-316) of
    title III of Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 488, which
    enacted this part and amended section 2252 of this title. For
    complete classification of subtitle A to the Code, see Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4062                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
    Sec. 4062. Commission action on petition

-STATUTE-
    (a) Determination
      Not later than 120 days after the date on which an investigation
    is initiated under section 4061(b) of this title with respect to a
    petition, the Commission shall make the determination required
    under that section. At that time, the Commission shall also
    determine whether any CAFTA-DR country is a de minimis supplying
    country.
    (b) Applicable provisions
      For purposes of this part, the provisions of paragraphs (1), (2),
    and (3) of section 1330(d) of this title shall be applied with
    respect to determinations and findings made under this section as
    if such determinations and findings were made under section 2252 of
    this title.
    (c) Additional finding and recommendation if determination
      affirmative
      If the determination made by the Commission under subsection (a)
    with respect to imports of an article is affirmative, or if the
    President may consider a determination of the Commission to be an
    affirmative determination as provided for under paragraph (1) of
    section 1330(d) of this title, the Commission shall find, and
    recommend to the President in the report required under subsection
    (d), the amount of import relief that is necessary to remedy or
    prevent the injury found by the Commission in the determination and
    to facilitate the efforts of the domestic industry to make a
    positive adjustment to import competition. The import relief
    recommended by the Commission under this subsection shall be
    limited to the relief described in section 4063(c) of this title.
    Only those members of the Commission who voted in the affirmative
    under subsection (a) are eligible to vote on the proposed action to
    remedy or prevent the injury found by the Commission. Members of
    the Commission who did not vote in the affirmative may submit, in
    the report required under subsection (d), separate views regarding
    what action, if any, should be taken to remedy or prevent the
    injury.
    (d) Report to President
      Not later than the date that is 30 days after the date on which a
    determination is made under subsection (a) with respect to an
    investigation, the Commission shall submit to the President a
    report that includes - 
        (1) the determination made under subsection (a) and an
      explanation of the basis for the determination;
        (2) if the determination under subsection (a) is affirmative,
      any findings and recommendations for import relief made under
      subsection (c) and an explanation of the basis for each
      recommendation; and
        (3) any dissenting or separate views by members of the
      Commission regarding the determination and recommendation
      referred to in paragraphs (1) and (2).
    (e) Public notice
      Upon submitting a report to the President under subsection (d),
    the Commission shall promptly make public such report (with the
    exception of information which the Commission determines to be
    confidential) and shall cause a summary thereof to be published in
    the Federal Register.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 312, Aug. 2, 2005, 119 Stat. 489.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in subsec. (b), was in the original "this
    subtitle", meaning subtitle A (Secs. 311-316) of title III of Pub.
    L. 109-53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and
    amended section 2252 of this title. For complete classification of
    subtitle A to the Code, see Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4063                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
    Sec. 4063. Provision of relief

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 313, Aug. 2, 2005, 119 Stat. 490.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            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, as amended. Chapter 1 of title
    II of the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4064                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
    Sec. 4064. Termination of relief authority

-STATUTE-
    (a) General rule
      Subject to subsection (b), no import relief may be provided under
    this part after the date that is 10 years after the date on which
    the Agreement enters into force.
    (b) Exception
      If an article for which relief is provided under this part is an
    article for which the period for tariff elimination, set out in the
    Schedule of the United States to Annex 3.3 of the Agreement, is
    greater than 10 years, no relief under this part may be provided
    for that article after the date on which that period ends.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 314, Aug. 2, 2005, 119 Stat. 492.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This part, referred to in text, was in the original "this
    subtitle", meaning subtitle A (Secs. 311-316) of title III of Pub.
    L. 109-53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and
    amended section 2252 of this title. For complete classification of
    subtitle A to the Code, see Tables.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4065                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part A - Relief From Imports Benefiting From the Agreement

-HEAD-
    Sec. 4065. Compensation authority

-STATUTE-
      For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
    2133), any import relief provided by the President under section
    4063 of this title shall be treated as action taken under chapter 1
    of title II of such Act [19 U.S.C. 2251 et seq.].

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 315, Aug. 2, 2005, 119 Stat. 492.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Trade Act of 1974, referred to in text, is Pub. L. 93-618,
    Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of
    the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-


-CITE-
    19 USC Part B - Textile and Apparel Safeguard Measures      01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
              PART B - TEXTILE AND APPAREL SAFEGUARD MEASURES          

-End-



-CITE-
    19 USC Sec. 4081                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4081. Commencement of action for relief

-STATUTE-
    (a) In general
      A request under this part for the purpose of adjusting to the
    obligations of the United States under the Agreement may be filed
    with the President by an interested party. Upon the filing of a
    request, the President shall review the request to determine, from
    information presented in the request, whether to commence
    consideration of the request.
    (b) Publication of request
      If the President determines that the request under subsection (a)
    provides the information necessary for the request to be
    considered, the President shall cause to be published in the
    Federal Register a notice of commencement of consideration of the
    request, and notice seeking public comments regarding the request.
    The notice shall include a summary of the request and the dates by
    which comments and rebuttals must be received.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 321, Aug. 2, 2005, 119 Stat. 492.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.


-EXEC-
        PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC-CENTRAL
                AMERICA-UNITED STATES FREE TRADE AGREEMENT
      Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10827, provided in par.
    (6) that the Committee for the Implementation of Textile Agreements
    is authorized to exercise the President's authority under sections
    4081 to 4088 of this title to review requests and to determine
    whether to commence consideration of such requests; to cause to be
    published in the Federal Register a notice of commencement of
    consideration of a request and notice seeking public comment; and
    to determine whether imports of a textile or apparel article of an
    Agreement country are causing serious damage, or actual threat
    thereof, to a domestic industry producing an article that is like,
    or directly competitive with, the imported article.

-End-



-CITE-
    19 USC Sec. 4082                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4082. Determination and provision of relief

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

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 322, Aug. 2, 2005, 119 Stat. 493.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4083                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4083. Period of relief

-STATUTE-
    (a) In general
      Subject to subsection (b), any import relief that the President
    provides under subsection (b) of section 4082 of this title may
    not, in the aggregate, be in effect for more than 3 years.
    (b) Extension
      If the initial period for any import relief provided under
    section 4082 of this title is less than 3 years, the President may
    extend the effective period of any import relief provided under
    that section, subject to the limitation set forth in subsection
    (a), if the President determines that - 
        (1) the import relief continues to be necessary to remedy or
      prevent serious damage and to facilitate adjustment by the
      domestic industry to import competition; and
        (2) there is evidence that the industry is making a positive
      adjustment to import competition.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 323, Aug. 2, 2005, 119 Stat. 493.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4084                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4084. Articles exempt from relief

-STATUTE-
      The President may not provide import relief under this part with
    respect to any article if - 
        (1) import relief previously has been provided under this part
      with respect to that article; or
        (2) the article is subject to import relief under - 
          (A) part A; or
          (B) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C.
        2251 et seq.].

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 324, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part A, referred to in par. (2)(A), was in the original "subtitle
    A", meaning subtitle A (Secs. 311-316) of title III of Pub. L. 109-
    53, Aug. 2, 2005, 119 Stat. 488, which enacted part A of this
    subchapter and amended section 2252 of this title. For complete
    classification of subtitle A to the Code, see Tables.
      The Trade Act of 1974, referred to in par. (2)(B), is Pub. L. 93-
    618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title
    II of the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4085                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4085. Rate after termination of import relief

-STATUTE-
      When import relief under this part is terminated with respect to
    an article, the rate of duty on that article shall be the rate that
    would have been in effect, but for the provision of such relief.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 325, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4086                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4086. Termination of relief authority

-STATUTE-
      No import relief may be provided under this part with respect to
    any article after the date that is 5 years after the date on which
    the Agreement enters into force.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 326, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4087                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4087. Compensation authority

-STATUTE-
      For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
    2133), any import relief provided by the President under this part
    shall be treated as action taken under chapter 1 of title II of
    that Act [19 U.S.C. 2251 et seq.].

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 327, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Trade Act of 1974, referred to in text, is Pub. L. 93-618,
    Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of
    the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-



-CITE-
    19 USC Sec. 4088                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part B - Textile and Apparel Safeguard Measures

-HEAD-
    Sec. 4088. Confidential business information

-STATUTE-
      The President may not release information received in connection
    with a review under this part which the President considers to be
    confidential business information unless the party submitting the
    confidential business information had notice, at the time of
    submission, that such information would be released by the
    President, or such party subsequently consents to the release of
    the information. To the extent a party submits confidential
    business information, it shall also provide a nonconfidential
    version of the information in which the confidential business
    information is summarized or, if necessary, deleted.

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 328, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-


-CITE-
    19 USC Part C - Cases Under Title II of the Trade Act of
                     1974                                  01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part C - Cases Under Title II of the Trade Act of 1974

-HEAD-
          PART C - CASES UNDER TITLE II OF THE TRADE ACT OF 1974      

-End-



-CITE-
    19 USC Sec. 4101                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER III - RELIEF FROM IMPORTS
    Part C - Cases Under Title II of the Trade Act of 1974

-HEAD-
    Sec. 4101. Findings and action on goods of CAFTA-DR countries

-STATUTE-
    (a) Effect of imports
      If, in any investigation initiated under chapter 1 of title II of
    the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the Commission
    makes an affirmative determination (or a determination which the
    President may treat as an affirmative determination under such
    chapter by reason of section 1330(d) of this title), the Commission
    shall also find (and report to the President at the time such
    injury determination is submitted to the President) whether imports
    of the article of each CAFTA-DR country that qualify as originating
    goods under section 4033(b) of this title are a substantial cause
    of serious injury or threat thereof.
    (b) Presidential determination regarding imports of CAFTA-DR
      countries
      In determining the nature and extent of action to be taken under
    chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et
    seq.], the President may exclude from the action goods of a CAFTA-
    DR country with respect to which the Commission has made a
    negative finding under subsection (a).

-SOURCE-
    (Pub. L. 109-53, title III, Sec. 331, Aug. 2, 2005, 119 Stat. 494.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Trade Act of 1974, referred to in text, is Pub. L. 93-618,
    Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of
    the Act is classified generally to part 1 (Sec. 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.


-MISC1-
                      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.

-End-


-CITE-
    19 USC SUBCHAPTER IV - MISCELLANEOUS                        01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER IV - MISCELLANEOUS                   

-End-



-CITE-
    19 USC Sec. 4111                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 26 - DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE
    SUBCHAPTER IV - MISCELLANEOUS

-HEAD-
    Sec. 4111. Periodic reports and meetings on labor obligations and
      labor capacity-building provisions

-STATUTE-
    (a) Reports to Congress
      (1) In general
        Not later than the end of the 2-year period beginning on the
      date the Agreement enters into force, and not later than the end
      of each 2-year period thereafter during the succeeding 14-year
      period, the President shall report to the Congress on the
      progress made by the CAFTA-DR countries in - 
          (A) implementing Chapter Sixteen and Annex 16.5 of the
        Agreement; and
          (B) implementing the White Paper.
      (2) White Paper
        In this section, the term "White Paper" means the report of
      April 2005 of the Working Group of the Vice Ministers Responsible
      for Trade and Labor in the Countries of Central America and the
      Dominican Republic entitled "The Labor Dimension in Central
      America and the Dominican Republic - Building on Progress:
      Strengthening Compliance and Enhancing Capacity".
      (3) Contents of reports
        Each report under paragraph (1) shall include the following:
          (A) A description of the progress made by the Labor
        Cooperation and Capacity Building Mechanism established by
        article 16.5 and Annex 16.5 of the Agreement, and the Labor
        Affairs Council established by article 16.4 of the Agreement,
        in achieving their stated goals, including a description of the
        capacity-building projects undertaken, funds received, and
        results achieved, in each CAFTA-DR country.
          (B) Recommendations on how the United States can facilitate
        full implementation of the recommendations contained in the
        White Paper.
          (C) A description of the work done by the CAFTA-DR countries
        with the International Labor Organization to implement the
        recommendations contained in the White Paper, and the efforts
        of the CAFTA-DR countries with international organizations,
        through the Labor Cooperation and Capacity Building Mechanism
        referred to in subparagraph (A), to advance common commitments
        regarding labor matters.
          (D) A summary of public comments received on - 
            (i) capacity-building efforts by the United States
          envisaged by article 16.5 and Annex 16.5 of the Agreement;
            (ii) efforts by the United States to facilitate full
          implementation of the White Paper recommendations; and
            (iii) the efforts made by the CAFTA-DR countries to comply
          with article 16.5 and Annex 16.5 of the Agreement and to
          fully implement the White Paper recommendations, including
          the progress made by the CAFTA-DR countries in affording to
          workers internationally-recognized worker rights through
          improved capacity.
      (4) Solicitation of public comments
        The President shall establish a mechanism to solicit public
      comments for purposes of paragraph (3)(D).
    (b) Periodic meetings of Secretary of Labor with labor ministers of
      CAFTA-DR countries
      (1) Periodic meetings
        The Secretary of Labor should take the necessary steps to meet
      periodically with the labor ministers of the CAFTA-DR countries
      to discuss - 
          (A) the operation of the labor provisions of the Agreement;
          (B) progress on the commitments made by the CAFTA-DR
        countries to implement the recommendations contained in the
        White Paper;
          (C) the work of the International Labor Organization in the
        CAFTA-DR countries, and other cooperative efforts, to afford to
        workers internationally-recognized worker rights; and
          (D) such other matters as the Secretary of Labor and the
        labor ministers consider appropriate.
      (2) Inclusion in biennial reports
        The President shall include in each report under subsection
      (a), as the President deems appropriate, summaries of the
      meetings held pursuant to paragraph (1).

-SOURCE-
    (Pub. L. 109-53, title IV, Sec. 403, Aug. 2, 2005, 119 Stat. 496.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates note below.


-MISC1-
                      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.

-End-