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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 sec-
tion 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 coun-
try. 
(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 
DETERMINATION AFFIRMATIVE.—If the determination 
made by the Commission under subsection (a) with respect 
to imports of an article is affirmative, or if the President 
may consider a determination of the Commission to be an 
affirmative determination as provided for under paragraph 
(1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)), the Commission shall find, and recommend to
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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 de-
termination and to facilitate the efforts of the domestic 
industry to make a positive adjustment to import competi-
tion. The import relief recommended by the Commission 
under this subsection shall be limited to the relief de-
scribed in section 313(c). Only those members of the Com-
mission who voted in the affirmative under subsection (a) 
are eligible to vote on the proposed action to remedy or 
prevent the injury found by the Commission. Members of 
the Commission who did not vote in the affirmative may 
submit, in the report required under subsection (d), sepa-
rate 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 determina-
tion is made under subsection (a) with respect to an inves-
tigation, 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 deter-
mination; 
(2) if the determination under subsection (a) is 
affirmative, any findings and recommendations for
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import relief made under subsection (c) and an ex-
planation of the basis for each recommendation; and 
(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination 
and recommendation referred to in paragraphs (1) 
and (2). 
(e) PUBLIC NOTICE.—Upon submitting a report to 
the President under subsection (d), the Commission shall 
promptly make public such report (with the exception of 
information which the Commission determines to be con-
fidential) and shall cause a summary thereof to be pub-
lished 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 de-
termination 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 determination to the extent that the President de-
termines necessary to remedy or prevent the injury found 
by the Commission and to facilitate the efforts of the do-
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mestic industry to make a positive adjustment to import 
competition. 
(b) EXCEPTION.—The President is not required to 
provide import relief under this section if the President 
determines that the provision of the import relief will not 
provide greater economic and social benefits than costs. 
(c) NATURE OF RELIEF.—
(1) IN GENERAL.—The import relief that the 
President is authorized to provide under this section 
with respect to imports of an article is as follows: 
(A) The suspension of any further reduc-
tion provided for under Annex 3.3 of the Agree-
ment in the duty imposed on such article. 
(B) An increase in the rate of duty im-
posed 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 pe-
riod for which import relief is provided under this
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section is greater than 1 year, the President shall 
provide for the progressive liberalization (described 
in article 8.2.3 of the Agreement) of such relief at 
regular intervals during the period of its application. 
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2), 
any import relief that the President is authorized to 
provide under this section may not, in the aggregate, 
be in effect for more than 4 years. 
(2) EXTENSION.—
(A) IN GENERAL.—If the initial period for 
any import relief provided under this section is 
less than 4 years, the President, after receiving 
a determination from the Commission under 
subparagraph (B) that is affirmative, or which 
the President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff 
Act of 1930 (19 U.S.C. 1330(d)(1)), may ex-
tend the effective period of any import relief 
provided under this section, subject to the limi-
tation under paragraph (1), if the President de-
termines that—
(i) the import relief continues to be 
necessary to remedy or prevent serious in-
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jury and to facilitate adjustment by the do-
mestic industry to import competition; and 
(ii) there is evidence that the industry 
is making a positive adjustment to import 
competition. 
(B) ACTION BY COMMISSION.—(i) Upon a 
petition on behalf of the industry concerned 
that is filed with the Commission not earlier 
than the date which is 9 months, and not later 
than the date which is 6 months, before the 
date on which any action taken under sub-
section (a) is to terminate, the Commission 
shall conduct an investigation to determine 
whether action under this section continues to 
be necessary to remedy or prevent serious in-
jury and whether there is evidence that the in-
dustry is making a positive adjustment to im-
port competition. 
(ii) The Commission shall publish notice of 
the commencement of any proceeding under 
this subparagraph in the Federal Register and 
shall, within a reasonable time thereafter, hold 
a public hearing at which the Commission shall 
afford interested parties and consumers an op-
portunity to be present, to present evidence,
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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 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
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(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.
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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,
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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
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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-
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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
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(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-
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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
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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
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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-
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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
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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
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‘‘(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.’’.