parties and consumers, and otherwise to be 
heard. 
(iii) The Commission shall transmit to the 
President a report on its investigation and de-
termination under this subparagraph not later 
than 60 days before the action under subsection 
(a) is to terminate, unless the President speci-
fies a different date. 
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this section is termi-
nated 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 De-
cember 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 ar-
ticle 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 Agree-
ment 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. 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—Subject to subsection (b), no 
import relief may be provided under this subtitle after the 
date that is 10 years after the date on which the Agree-
ment enters into force. 
(b) EXCEPTION.—If an article for which relief is pro-
vided under this subtitle 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 subtitle may be provided for 
that article after the date on which that period ends.
SEC. 315. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 313 shall be treated as action taken 
under chapter 1 of title II of such Act. 
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 
Section 202(a)(8) of the Trade Act of 1974 (19 
U.S.C. 2252(a)(8)) is amended in the first sentence— 
(1) by striking ‘‘and’’; and 
(2) by inserting before the period at the end ‘‘, 
and title III of the Dominican Republic-Central 
America-United States Free Trade Agreement Im-
plementation Act’’. 
Subtitle B—Textile and Apparel 
Safeguard Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request under this subtitle for 
the purpose of adjusting to the obligations of the United 
States under the Agreement may be filed with the Presi-
dent 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 com-
mence consideration of the request. 
(b) PUBLICATION OF REQUEST.—If the President de-
termines 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. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is 
made under section 321(b), the President shall de-
termine 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 in-
creased 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 deter-
mination 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, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, none of which is necessarily decisive; and 
(B) shall not consider changes in tech-
nology or consumer preference as factors sup-
porting a determination of serious damage or 
actual threat thereof. 
(3) DEADLINE
FOR
DETERMINATION.—The 
President shall make the determination under para-
graph (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 pro-
vide relief from imports of the article that is the 
subject of such determination, as provided in para-
graph (2), to the extent that the President deter-
mines 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 sub-
section with respect to imports of an article is an in-
crease 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 im-
posed under the HTS on like articles at the 
time the import relief is provided; or 
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the 
day before the date on which the Agreement en-
ters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), any im-
port relief that the President provides under subsection 
(b) of section 322 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 322 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 facili-
tate adjustment by the domestic industry to import 
competition; and
(2) there is evidence that the industry is mak-
ing a positive adjustment to import competition. 
SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under 
this subtitle with respect to any article if— 
(1) import relief previously has been provided 
under this subtitle with respect to that article; or 
(2) the article is subject to import relief 
under— 
(A) subtitle A; or 
(B) chapter 1 of title II of the Trade Act 
of 1974. 
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 
When import relief under this subtitle 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. 
SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle 
with respect to any article after the date that is 5 years 
after the date on which the Agreement enters into force. 
SEC. 327. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under this subtitle shall be treated as action taken 
under chapter 1 of title II of that Act. 
SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 
The President may not release information received 
in connection with a review under this subtitle which the 
President considers to be confidential business informa-
tion 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 in-
formation. To the extent a party submits confidential busi-
ness information, it shall also provide a nonconfidential 
version of the information in which the confidential busi-
ness information is summarized or, if necessary, deleted. 
Subtitle C—Cases Under Title II of 
the Trade Act of 1974 
SEC. 331. FINDINGS AND ACTION ON GOODS OF CAFTA–DR 
COUNTRIES. 
(a) EFFECT OF IMPORTS.—If, in any investigation 
initiated under chapter 1 of title II of the Trade Act of 
1974, 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 330(d) of the Tariff Act of 1930), the Commis-
sion shall also find (and report to the President at the
time such injury determination is submitted to the Presi-
dent) whether imports of the article of each CAFTA–DR 
country that qualify as originating goods under section 
203(b) are a substantial cause of serious injury or threat 
thereof. 
(b) PRESIDENTIAL DETERMINATION REGARDING IM-
PORTS 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, 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). 
TITLE IV—MISCELLANEOUS 
SEC. 401. ELIGIBLE PRODUCTS. 
Section 308(4)(A) of the Trade Agreements Act of 
1979 (19 U.S.C. 2518(4)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by striking the period at the end of clause 
(iii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iv) a party to the Dominican Re-
public-Central America-United States Free 
Trade Agreement, a product or service of 
that country or instrumentality which is
covered under that Agreement for procure-
ment by the United States.’’. 
SEC. 402. MODIFICATIONS TO THE CARIBBEAN BASIN ECO-
NOMIC RECOVERY ACT. 
(a) FORMER
BENEFICIARY
COUNTRIES.—Section 
212(a)(1) of the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2702(a)(1)) is amended by adding at the end 
the following new subparagraph: 
‘‘(F) The term ‘former beneficiary country’ 
means a country that ceases to be designated as 
a beneficiary country under this title because 
the country has become a party to a free trade 
agreement with the United States.’’. 
(b) COUNTRIES ELIGIBLE
FOR DESIGNATION
AS 
BENEFICIARY COUNTRIES.—Section 212(b) of the Carib-
bean Basin Economic Recovery Act (19 U.S.C. 2702(b)) 
is amended by striking from the list of countries eligible 
for designation as beneficiary countries— 
(1) ‘‘Costa Rica’’, effective on the date the 
President terminates the designation of Costa Rica 
as a beneficiary country pursuant to section 
201(a)(3); 
(2) ‘‘Dominican Republic’’, effective on the date 
the President terminates the designation of the Do-
minican Republic as a beneficiary country pursuant 
to section 201(a)(3); 
(3) ‘‘El Salvador’’, effective on the date the 
President terminates the designation of El Salvador 
as a beneficiary country pursuant to section 
201(a)(3); 
(4) ‘‘Guatemala’’, effective on the date the 
President terminates the designation of Guatemala 
as a beneficiary country pursuant to section 
201(a)(3); 
(5) ‘‘Honduras’’, effective on the date the Presi-
dent terminates the designation of Honduras as a 
beneficiary country pursuant to section 201(a)(3); 
and 
(6) ‘‘Nicaragua’’, effective on the date the 
President terminates the designation of Nicaragua 
as a beneficiary country pursuant to section 
201(a)(3). 
(c) MATERIALS OF, OR PROCESSING IN, FORMER 
BENEFICIARY COUNTRIES.—Section 213(a)(1) of the Car-
ibbean Basin Economic Recovery Act (19 U.S.C. 
2703(a)(1)) is amended by striking ‘‘the Commonwealth 
of Puerto Rico and the United States Virgin Islands’’ and 
inserting ‘‘the Commonwealth of Puerto Rico, the United
States Virgin Islands, and any former beneficiary coun-
try’’. 
(d) DEFINITIONS
AND SPECIAL RULES.—Section 
213(b)(5) of the Caribbean Basin Economic Recovery Act 
(19 U.S.C. 2703(b)(5)) is amended by adding at the end 
the following new subparagraphs: 
‘‘(G) FORMER CBTPA BENEFICIARY COUN-
TRY.—The term ‘former CBTPA beneficiary 
country’ means a country that ceases to be des-
ignated as a CBTPA beneficiary country under 
this title because the country has become a 
party to a free trade agreement with the United 
States. 
‘‘(H) ARTICLES THAT UNDERGO PRODUC-
TION IN A CBTPA BENEFICIARY COUNTRY AND 
A FORMER CBTPA BENEFICIARY COUNTRY.—(i) 
For purposes of determining the eligibility of an 
article for preferential treatment under para-
graph (2) or (3), references in either such para-
graph, and in subparagraph (C) of this para-
graph to— 
‘‘(I) a ‘CBTPA beneficiary country’ 
shall be considered to include any former 
CPTPA beneficiary country, and
‘‘(II) ‘CBTPA beneficiary countries’ 
shall be considered to include former 
CBTPA beneficiary countries, 
if the article, or a good used in the production 
of the article, undergoes production in a 
CBTPA beneficiary country. 
‘‘(ii) An article that is eligible for pref-
erential treatment under clause (i) shall not be 
ineligible for such treatment because the article 
is imported directly from a former CBTPA ben-
eficiary country. 
‘‘(iii) Notwithstanding clauses (i) and (ii), 
an article that is a good of a former CBTPA 
beneficiary country for purposes of section 304 
of the Tariff Act of 1930 (19 U.S.C. 1304) or 
section 334 of the Uruguay Round Agreements 
Act (19 U.S.C. 3592), as the case may be, shall 
not be eligible for preferential treatment under 
paragraph (2) or (3), unless— 
‘‘(I) it is an article that is a good of 
the Dominican Republic under either such 
section 304 or 334; and 
‘‘(II) the article, or a good used in the 
production of the article, undergoes pro-
duction in Haiti.’’.
SEC. 403. PERIODIC REPORTS AND MEETINGS ON LABOR 
OBLIGATIONS AND LABOR CAPACITY-BUILD-
ING PROVISIONS. 
(a) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than the end of 
the 2-year period beginning on the date the Agree-
ment enters into force, and not later than the end 
of each 2-year period thereafter during the suc-
ceeding 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 Respon-
sible for Trade and Labor in the Countries of Cen-
tral America and the Dominican Republic entitled 
‘‘The Labor Dimension in Central America and the 
Dominican 
Republic 
- 
Building 
on 
Progress: 
Strengthening Compliance and Enhancing Capac-
ity’’. 
(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 rec-
ommendations 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 re-
ceived 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 fa-
cilitate 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 rec-
ommendations, 
including 
the 
progress 
made by the CAFTA–DR countries in af-
fording to workers internationally-recog-
nized worker rights through improved ca-
pacity. 
(4) SOLICITATION OF PUBLIC COMMENTS.—The 
President shall establish a mechanism to solicit pub-
lic 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 peri-
odically 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 appro-
priate. 
(2) INCLUSION
IN
BIENNIAL
REPORTS.—The 
President shall include in each report under sub-
section (a), as the President deems appropriate, 
summaries of the meetings held pursuant to para-
graph (1).
Union Calendar No. 114 
109TH CONGRESS 
1ST SESSION 
H. R. 3045 
[Report No. 109–182] 
A BILL 
To implement the Dominican Republic-Central 
America-United States Free Trade Agreement. 
JULY 25, 2005 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed