H. R. 3045—11
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 for-
mula 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 coun-
tries. 
(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
H. R. 3045—12
on Tariffs and Trade 1994 referred to in section 101(d)(8) 
of the Uruguay Round Agreements Act, 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 mate-
rial 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 terri-
tory 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 terri-
tory 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.
H. R. 3045—13
(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 classi-
fication pursuant to Annex 4.1 of the Agreement is an origi-
nating 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 fol-
lowing: 
(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 sub-
heading 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 sub-
heading 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, pro-
vided 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 sub-
heading 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.
H. R. 3045—14
(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 
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act 
(19 U.S.C. 3203(b)(3)(B)(vi)(IV))(as in effect on the date 
of the enactment of this Act). 
(B) CERTAIN TEXTILE OR APPAREL GOODS.—A textile 
or apparel good containing elastomeric yarns in the compo-
nent 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 para-
graph, 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 mate-
rial or by using an inventory management method with 
respect to the fungible good or fungible material.
H. R. 3045—15
(B) INVENTORY
MANAGEMENT
METHOD.—In this sub-
section, 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), acces-
sories, 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 non-
originating 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 acces-
sories, 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 sub-
section (b) shall not be considered to be an originating good if, 
subsequent to that production, the good—
H. R. 3045—16
(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 pre-
serve 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.—Notwith-
standing 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 
101(d)(8) of the Uruguay Round Agreements Act, 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
H. R. 3045—17
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 rec-
ognized 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 disclo-
sure of information, and the preparation of financial statements. 
The principles may encompass broad guidelines of general 
application as well as detailed standards, practices, and proce-
dures. 
(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
H. R. 3045—18
(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 101(d)(8) of the Uruguay Round 
Agreements Act; 
(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 equip-
ment or buildings; 
(E) gloves, glasses, footwear, clothing, safety equip-
ment, 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 ‘‘mate-
rial 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, royal-
ties, shipping and packing costs, and non-allowable interest 
costs that are included in the total cost. 
(13) NONALLOWABLE INTEREST COSTS.—The term ‘‘nonallow-
able 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
MATE-
RIAL.—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.
H. R. 3045—19
(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 ‘‘pref-
erential 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, manu-
facturing, processing, assembling, or disassembling a good. 
(19) REASONABLY ALLOCATE.—The term ‘‘reasonably allo-
cate’’ 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 condi-
tion 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 Agree-
ment; and 
(B) any additional subordinate category necessary to 
carry out this title consistent with the Agreement. 
(2) FABRICS
AND
YARNS
NOT
AVAILABLE
IN
COMMERCIAL 
QUANTITIES IN THE UNITED STATES.—The President is author-
ized 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 lay-
over provisions of section 104, the President may proclaim 
modifications to the provisions proclaimed under the
H. R. 3045—20
authority of paragraph (1)(A), other than provisions of chap-
ters 50 through 63, as included in Annex 4.1 of the Agree-
ment. 
(B) 
ADDITIONAL
PROCLAMATIONS.—Notwithstanding 
subparagraph (A), and subject to the consultation and lay-
over provisions of section 104, the President may proclaim 
before the end of the 1-year period beginning on the date 
of the enactment of this Act, 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 COMMER-
CIAL 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 govern-
ment 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 deter-
mine that a fabric, yarn, or fiber is not available in commer-
cial quantities in a timely manner in the CAFTA–DR coun-
tries and to add that fabric, yarn, or fiber to the list 
in Annex 3.25 of the Agreement in a restricted or unre-
stricted quantity. 
(ii) After receiving a request under clause (i), the Presi-
dent may determine whether—
(I) the fabric, yarn, or fiber is available in commer-
cial 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 speci-
fied 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 deter-
mines 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
H. R. 3045—21
the President does not have sufficient information to 
make a determination under clause (ii). 
(v) Notwithstanding section 103(a)(2), 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 determina-
tion 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 unre-
stricted quantity pursuant to paragraph (2) or subpara-
graph (C)(iii) or (D); or 
(II) with respect to which the President has elimi-
nated 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 proce-
dures—
(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
H. R. 3045—22
the President makes a determination under subpara-
graph (C) (ii) or (vi) or (E)(iii). 
SEC. 204. CUSTOMS USER FEES. 
Section 13031(b) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after 
paragraph (14), the following: 
‘‘(15) No fee may be charged under subsection (a) (9) or 
(10) with respect to goods that qualify as originating goods 
under section 203 of the Dominican Republic-Central America-
United States Free Trade Agreement Implementation Act. Any 
service for which an exemption from such fee is provided by 
reason of this paragraph may not be funded with money con-
tained in the Customs User Fee Account.’’. 
SEC. 205. RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS 
AND RELIQUIDATIONS OF TEXTILE OR APPAREL GOODS. 
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff 
Act of 1930 (19 U.S.C. 1514) 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 203 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, 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 Representa-
tive shall determine, in accordance with article 3.20 of the Agree-
ment, which CAFTA–DR countries are eligible countries for pur-
poses 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 informa-
tion 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.
H. R. 3045—23
SEC. 206. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFI-
CATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF 
TREATMENT. 
(a) DISCLOSURE OF INCORRECT INFORMATION.—Section 592 of 
the Tariff Act of 1930 (19 U.S.C. 1592) is amended—
(1) in subsection (c)—
(A) by redesignating paragraph (9) as paragraph (10); 
and 
(B) by inserting after paragraph (8) the following new 
paragraph: 
‘‘(9) PRIOR
DISCLOSURE
REGARDING
CLAIMS
UNDER
THE 
DOMINICAN
REPUBLIC-CENTRAL
AMERICA-UNITED
STATES
FREE 
TRADE AGREEMENT.—An importer shall not be subject to pen-
alties under subsection (a) for making an incorrect claim that 
a good qualifies as an originating good under section 203 of 
the Dominican Republic-Central America-United States Free 
Trade Agreement Implementation Act if the importer, in accord-
ance with regulations issued by the Secretary of the Treasury, 
promptly and voluntarily makes a corrected declaration and 
pays any duties owing.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(h) FALSE CERTIFICATIONS OF ORIGIN UNDER THE DOMINICAN 
REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE TRADE AGREE-
MENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), it is unlawful 
for any person to certify falsely, by fraud, gross negligence, 
or negligence, in a CAFTA–DR certification of origin (as defined 
in section 508(g)(1)(B) of this Act) that a good exported from 
the United States qualifies as an originating good under the 
rules of origin set out in section 203 of the Dominican Republic-
Central 
America-United 
States 
Free 
Trade 
Agreement 
Implementation Act. The procedures and penalties of this sec-
tion that apply to a violation of subsection (a) also apply to 
a violation of this subsection. 
‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT 
INFORMATION.—No penalty shall be imposed under this sub-
section if, promptly after an exporter or producer that issued 
a CAFTA–DR certification of origin has reason to believe that 
such certification contains or is based on incorrect information, 
the exporter or producer voluntarily provides written notice 
of such incorrect information to every person to whom the 
certification was issued. 
‘‘(3) EXCEPTION.—A person may not be considered to have 
violated paragraph (1) if—
‘‘(A) the information was correct at the time it was 
provided in a CAFTA–DR certification of origin but was 
later rendered incorrect due to a change in circumstances; 
and 
‘‘(B) the person promptly and voluntarily provides writ-
ten notice of the change in circumstances to all persons 
to whom the person provided the certification.’’. 
(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514 
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding 
at the end the following new subsection: 
‘‘(h) DENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE 
DOMINICAN
REPUBLIC-CENTRAL
AMERICA-UNITED
STATES
FREE
H. R. 3045—24
TRADE AGREEMENT.—If the Bureau of Customs and Border Protec-
tion or the Bureau of Immigration and Customs Enforcement finds 
indications of a pattern of conduct by an importer, exporter, or 
producer of false or unsupported representations that goods qualify 
under the rules of origin set out in section 203 of the Dominican 
Republic-Central America-United States Free Trade Agreement 
Implementation Act, the Bureau of Customs and Border Protection, 
in accordance with regulations issued by the Secretary of the 
Treasury, may suspend preferential tariff treatment under the 
Dominican Republic-Central America-United States Free Trade 
Agreement to entries of identical goods covered by subsequent rep-
resentations by that importer, exporter, or producer until the 
Bureau of Customs and Border Protection determines that represen-
tations of that person are in conformity with such section 203.’’. 
SEC. 207. RELIQUIDATION OF ENTRIES. 
Subsection (d) of section 520 of the Tariff Act of 1930 (19 
U.S.C. 1520(d)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘or 
section 202 of the United States-Chile Free Trade Agreement 
Implementation Act’’ and inserting ‘‘, section 202 of the United 
States-Chile Free Trade Agreement Implementation Act, or 
section 203 of the Dominican Republic-Central America-United 
States Free Trade Agreement Implementation Act’’; and 
(2) in paragraph (2), by inserting ‘‘or certifications’’ after 
‘‘other certificates’’. 
SEC. 208. RECORDKEEPING REQUIREMENTS. 
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is 
amended—
(1) by redesignating subsection (g) as subsection (h); 
(2) by inserting after subsection (f) the following new sub-
section: 
‘‘(g) CERTIFICATIONS OF ORIGIN FOR GOODS EXPORTED UNDER 
THE DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED STATES FREE 
TRADE AGREEMENT.—
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term 
‘records and supporting documents’ means, with respect 
to an exported good under paragraph (2), records and docu-
ments related to the origin of the good, including—
‘‘(i) the purchase, cost, and value of, and payment 
for, the good; 
‘‘(ii) the purchase, cost, and value of, and payment 
for, all materials, including indirect materials, used 
in the production of the good; and 
‘‘(iii) the production of the good in the form in 
which it was exported. 
‘‘(B) CAFTA–DR CERTIFICATION OF ORIGIN.—The term 
‘CAFTA–DR certification of origin’ means the certification 
established under article 4.16 of the Dominican Republic-
Central America-United States Free Trade Agreement that 
a good qualifies as an originating good under such Agree-
ment. 
‘‘(2) EXPORTS TO CAFTA–DR COUNTRIES.—Any person who 
completes and issues a CAFTA–DR certification of origin for 
a good exported from the United States shall make, keep, 
and, pursuant to rules and regulations promulgated by the
H. R. 3045—25
Secretary of the Treasury, render for examination and inspec-
tion all records and supporting documents related to the origin 
of the good (including the certification or copies thereof). 
‘‘(3) RETENTION
PERIOD.—Records and supporting docu-
ments shall be kept by the person who issued a CAFTA–
DR certification of origin for at least 5 years after the date 
on which the certification was issued.’’; and 
(3) in subsection (h), as so redesignated—
(A) by inserting ‘‘or (g)’’ after ‘‘(f)’’; and 
(B) by striking ‘‘that subsection’’ and inserting ‘‘either 
such subsection’’. 
SEC. 209. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR 
APPAREL GOODS. 
(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 pur-
poses 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 con-
ducted. 
(2) DETERMINATION.—A determination under this para-
graph 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 
203 of this Act, 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 sub-
section (a)(2)(A), if the Secretary determines there is 
insufficient information to support any claim for pref-
erential 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 Agree-
ment with respect to—
(A) any textile or apparel good exported or produced 
by the person that is the subject of a verification under
H. R. 3045—26
subsection (a)(1) regarding compliance described in sub-
section (a)(2)(A), if the Secretary determines that the per-
son 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 informa-
tion 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 sub-
section (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 Agree-
ment 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 sub-
section (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.
H. R. 3045—27
(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. 
SEC. 210. REGULATIONS. 
The Secretary of the Treasury shall prescribe such regulations 
as may be necessary to carry out—
(1) subsections (a) through (n) of section 203; 
(2) the amendment made by section 204; and 
(3) any proclamation issued under section 203(o). 
TITLE III—RELIEF FROM IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) CAFTA–DR ARTICLE.—The term ‘‘CAFTA–DR article’’ 
means an article that qualifies as an originating good under 
section 203(b). 
(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 3(5)) 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 aggre-
gate 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 311(a). 
(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 311(a). 
Subtitle A—Relief From Imports Benefiting 
From the Agreement 
SEC. 311. COMMENCING OF ACTION FOR RELIEF. 
(a) FILING OF PETITION.—A petition requesting action under 
this subtitle for the purpose of adjusting to the obligations of 
the United States under the Agreement may be filed with the
H. R. 3045—28
Commission by an entity, including a trade association, firm, cer-
tified or recognized union, or group of workers, that is representa-
tive 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 
202 of the Trade Act of 1974 (19 U.S.C. 2252) 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 subtitle. 
SEC. 312. COMMISSION ACTION ON PETITION. 
(a) DETERMINATION.—Not later than 120 days after the date 
on which an investigation is initiated under section 311(b) 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 subtitle, the 
provisions of paragraphs (1), (2), and (3) of section 330(d) of the 
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be 
applied with respect to determinations and findings made under 
this section as if such determinations and findings were made 
under section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 
(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA-
TION AFFIRMATIVE.—If the determination made by the Commission 
under subsection (a) with respect to imports of an article is affirma-
tive, or if the President may consider a determination of the 
Commission to be an affirmative determination as provided for 
under paragraph (1) of section 330(d) of the Tariff Act of 1930 
(19 U.S.C. 1330(d)), 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 313(c). 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
H. R. 3045—29
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 rec-
ommendation; 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 Commis-
sion determines to be confidential) and shall cause a summary 
thereof to be published in the Federal Register. 
SEC. 313. PROVISION OF RELIEF. 
(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 
312(a) is affirmative, or which contains a determination under 
section 312(a) that the President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)(1)), the President, subject to subsection (b), shall provide 
relief from imports of the article that is the subject of such deter-
mination 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 provi-
sion 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
H. R. 3045—30
1 year, the President shall provide for the progressive liberaliza-
tion (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 330(d) of the Tariff Act of 1930 
(19 U.S.C. 1330(d)(1)), may extend the effective period of 
any import relief provided under this section, subject to 
the limitation under paragraph (1), if the President deter-
mines 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 competi-
tion; 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 investiga-
tion to determine whether action under this section con-
tinues 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 Commis-
sion shall afford interested parties and consumers an oppor-
tunity 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 termi-
nation 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
H. R. 3045—31
(2) the rate of duty for that article after December 31 
of the year in which termination occurs shall be, at the discre-
tion 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. 
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 Agreement enters into force. 
(b) EXCEPTION.—If an article for which relief is provided 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 President 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 Implementation 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 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
H. R. 3045—32
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 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 rel-
evant 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 con-
sumer 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. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), any import 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 pro-
vided under section 322 is less than 3 years, the President may
H. R. 3045—33
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. 
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 President 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 connec-
tion with a review under this subtitle 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 Presi-
dent, 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. 
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 Commission shall also find (and report to the President at
H. R. 3045—34
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 203(b) 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, 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 Republic-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 ECONOMIC 
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 Caribbean Basin Economic 
Recovery Act (19 U.S.C. 2702(b)) is amended by striking from 
the list of countries eligible for designation as beneficiary coun-
tries—
(1) ‘‘Costa Rica’’, effective on the date the President termi-
nates the designation of Costa Rica as a beneficiary country 
pursuant to section 201(a)(3); 
(2) ‘‘Dominican Republic’’, effective on the date the Presi-
dent terminates the designation of the Dominican Republic 
as a beneficiary country pursuant to section 201(a)(3); 
(3) ‘‘El Salvador’’, effective on the date the President termi-
nates the designation of El Salvador as a beneficiary country 
pursuant to section 201(a)(3); 
(4) ‘‘Guatemala’’, effective on the date the President termi-
nates the designation of Guatemala as a beneficiary country 
pursuant to section 201(a)(3); 
(5) ‘‘Honduras’’, effective on the date the President termi-
nates the designation of Honduras as a beneficiary country 
pursuant to section 201(a)(3); and
H. R. 3045—35
(6) ‘‘Nicaragua’’, effective on the date the President termi-
nates 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 Caribbean 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 country’’. 
(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 COUNTRY.—The term 
‘former CBTPA beneficiary country’ means a country that 
ceases to be designated 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 PRODUCTION 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 paragraph 
(2) or (3), references in either such paragraph, and in 
subparagraph (C) of this paragraph to—
‘‘(I) a ‘CBTPA beneficiary country’ shall be consid-
ered to include any former CBTPA beneficiary country, 
and 
‘‘(II) ‘CBTPA beneficiary countries’ shall be consid-
ered 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 preferential treatment 
under clause (i) shall not be ineligible for such treatment 
because the article is imported directly from a former 
CBTPA beneficiary 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 Agree-
ments 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 production in Haiti.’’. 
SEC. 403. PERIODIC REPORTS AND MEETINGS ON LABOR OBLIGATIONS 
AND LABOR CAPACITY-BUILDING PROVISIONS. 
(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 coun-
tries in—
H. R. 3045—36
(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 Coun-
tries 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 con-
tained 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 subpara-
graph (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 Agree-
ment; 
(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 inter-
nationally-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 Agree-
ment;
H. R. 3045—37
(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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.