dreamproit/uscode huggingface dataset:
19 U.S.C. § 4015 (CUSTOMS DUTIES)
§ 4015. Administration of dispute settlement proceedings
(a) Establishment or designation of office
The President is authorized to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the Agreement. The office may not be considered to be an agency for purposes of section 552 of title 5.
(b) Authorization of appropriations
There are authorized to be appropriated for each fiscal year after fiscal year 2005 to the Department of Commerce such sums as may be necessary for the establishment and operations of the office established or designated under subsection (a) and for the payment of the United States share of the expenses of panels established under chapter 20 of the Agreement.
(Pub. L. 109–53, title I, § 105, Aug. 2, 2005, 119 Stat. 466.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
heading: Delegation of Functions
text: Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10828, provided in par. (3) that the Secretary of Commerce is authorized to exercise the President’s authority under subsec. (a) of this section to establish or designate an office within the Department of Commerce to carry out the functions set forth in this section.
19 U.S.C. § 4016 (CUSTOMS DUTIES)
§ 4016. Arbitration of claims
The United States is authorized to resolve any claim against the United States covered by article 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.
(Pub. L. 109–53, title I, § 106, Aug. 2, 2005, 119 Stat. 466.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4036 (CUSTOMS DUTIES)
§ 4036. Regulations
The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
(1) subsections (a) through (n) of section 4033 of this title;
(2) the amendment made by section 204; 1 and
(3) any proclamation issued under section 4033(o) of this title.
(Pub. L. 109–53, title II, § 210, Aug. 2, 2005, 119 Stat. 488.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: Section 204, referred to in par. (2), is section 204 of Pub. L. 109–53, which amended section 58c of this title.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4051 (CUSTOMS DUTIES)
§ 4051. Definitions
In this subchapter:
(1) CAFTA–DR article
The term “CAFTA–DR article” means an article that qualifies as an originating good under section 4033(b) of this title.
(2) CAFTA–DR textile or apparel article
The term “CAFTA–DR textile or apparel article” means a textile or apparel good (as defined in section 4002(5) of this title) that is a CAFTA–DR article.
(3) De minimis supplying country
(A) Subject to subparagraph (B), the term “de minimis supplying country” means a CAFTA–DR country whose share of imports of the relevant CAFTA–DR article into the United States does not exceed 3 percent of the aggregate volume of imports of the relevant CAFTA–DR article in the most recent 12-month period for which data are available that precedes the filing of the petition under section 4061(a) of this title.
(B) A CAFTA–DR country shall not be considered to be a de minimis supplying country if the aggregate share of imports of the relevant CAFTA–DR article into the United States of all CAFTA–DR countries that satisfy the conditions of subparagraph (A) exceeds 9 percent of the aggregate volume of imports of the relevant CAFTA–DR article during the applicable 12-month period.
(4) Relevant CAFTA–DR article
The term “relevant CAFTA–DR article” means the CAFTA–DR article with respect to which a petition has been filed under section 4061(a) of this title.
(Pub. L. 109–53, title III, § 301, Aug. 2, 2005, 119 Stat. 488.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title” meaning title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted this subchapter and amended section 2252 of this title. For complete classification of title III to the Code, see Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4061 (CUSTOMS DUTIES)
§ 4061. Commencing of action for relief
(a) Filing of petition
A petition requesting action under this part for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative.
(b) Investigation and determination
Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a CAFTA–DR article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the CAFTA–DR article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.
(c) Applicable provisions
The following provisions of section 2252 of this title apply with respect to any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (i).
(d) Articles exempt from investigation
No investigation may be initiated under this section with respect to any CAFTA–DR article if, after the date that the Agreement enters into force, import relief has been provided with respect to that CAFTA–DR article under this part.
(Pub. L. 109–53, title III, § 311, Aug. 2, 2005, 119 Stat. 488.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This part, referred to in subsecs. (a) and (d), was in the original “this subtitle”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and amended section 2252 of this title. For complete classification of subtitle A to the Code, see Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4064 (CUSTOMS DUTIES)
§ 4064. Termination of relief authority
(a) General rule
Subject to subsection (b), no import relief may be provided under this part after the date that is 10 years after the date on which the Agreement enters into force.
(b) Exception
If an article for which relief is provided under this part is an article for which the period for tariff elimination, set out in the Schedule of the United States to Annex 3.3 of the Agreement, is greater than 10 years, no relief under this part may be provided for that article after the date on which that period ends.
(Pub. L. 109–53, title III, § 314, Aug. 2, 2005, 119 Stat. 492.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and amended section 2252 of this title. For complete classification of subtitle A to the Code, see Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4065 (CUSTOMS DUTIES)
§ 4065. 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 4063 of this title shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
(Pub. L. 109–53, title III, § 315, Aug. 2, 2005, 119 Stat. 492.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: The Trade Act of 1974, referred to in text, is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4081 (CUSTOMS DUTIES)
§ 4081. Commencement of action for relief
(a) In general
A request under this part for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the President by an interested party. Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request.
(b) Publication of request
If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.
(Pub. L. 109–53, title III, § 321, Aug. 2, 2005, 119 Stat. 492.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
heading: Proc. No. 7987. To Implement the Dominican Republic-Central America-United States Free Trade Agreement
text: Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in par. (6) that the Committee for the Implementation of Textile Agreements is authorized to exercise the President’s authority under sections 4081 to 4088 of this title to review requests and to determine whether to commence consideration of such requests; to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment; and to determine whether imports of a textile or apparel article of an Agreement country are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.
19 U.S.C. § 4082 (CUSTOMS DUTIES)
§ 4082. Determination and provision of relief
(a) Determination
(1) In general
If a positive determination is made under section 4081(b) of this title, the President shall determine whether, as a result of the elimination of a duty under the Agreement, a CAFTA–DR textile or apparel article of a specified CAFTA–DR country is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.
(2) Serious damage
In making a determination under paragraph (1), the President—
(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
(3) Deadline for determination
The President shall make the determination under paragraph (1) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the Agreement.
(b) Provision of relief
(1) In general
If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.
(2) Nature of relief
The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
(Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4083 (CUSTOMS DUTIES)
§ 4083. Period of relief
(a) In general
Subject to subsection (b), any import relief that the President provides under subsection (b) of section 4082 of this title may not, in the aggregate, be in effect for more than 3 years.
(b) Extension
If the initial period for any import relief provided under section 4082 of this title is less than 3 years, the President may extend the effective period of any import relief provided under that section, subject to the limitation set forth in subsection (a), if the President determines that—
(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
(2) there is evidence that the industry is making a positive adjustment to import competition.
(Pub. L. 109–53, title III, § 323, Aug. 2, 2005, 119 Stat. 493.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4084 (CUSTOMS DUTIES)
§ 4084. Articles exempt from relief
The President may not provide import relief under this part with respect to any article if—
(1) import relief previously has been provided under this part with respect to that article; or
(2) the article is subject to import relief under—
(A) part A; or
(B) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].
(Pub. L. 109–53, title III, § 324, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: References in Text
text: Part A, referred to in par. (2)(A), was in the original “subtitle A”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted part A of this subchapter and amended section 2252 of this title. For complete classification of subtitle A to the Code, see Tables.
The Trade Act of 1974, referred to in par. (2)(B), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4085 (CUSTOMS DUTIES)
§ 4085. Rate after termination of import relief
When import relief under this part is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief.
(Pub. L. 109–53, title III, § 325, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4086 (CUSTOMS DUTIES)
§ 4086. Termination of relief authority
No import relief may be provided under this part with respect to any article after the date that is 5 years after the date on which the Agreement enters into force.
(Pub. L. 109–53, title III, § 326, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.