dreamproit/uscode huggingface dataset:
19 U.S.C. § 4012 (CUSTOMS DUTIES)
§ 4012. Relationship of the Agreement to United States and State law
(a) Relationship of Agreement to United States law
(1) United States law to prevail in conflict
No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) Construction
Nothing in this chapter shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
(b) Relationship of Agreement to State law
(1) Legal challenge
No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) Definition of State law
For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
(c) Effect of Agreement with respect to private remedies
No person other than the United States—
(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
(Pub. L. 109–53, title I, § 102, Aug. 2, 2005, 119 Stat. 464.)
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: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
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. § 4013 (CUSTOMS DUTIES)
§ 4013. Implementing actions in anticipation of entry into force and initial regulations
(a) Implementing actions
(1) Proclamation authority
After August 2, 2005—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this chapter, or amendment made by this chapter, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.
(2) Effective date of certain proclaimed actions
Any action proclaimed by the President under the authority of this chapter that is not subject to the consultation and layover provisions under section 4014 of this title may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) Waiver of 15-day restriction
The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
(b) Initial regulations
Initial regulations necessary or appropriate to carry out the actions required by or authorized under this chapter or proposed in the statement of administrative action submitted under section 4011(a)(2) of this title to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date on which the Agreement enters into force. In the case of any implementing action that takes effect on a date after the date on which the Agreement enters into force, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
(Pub. L. 109–53, title I, § 103, Aug. 2, 2005, 119 Stat. 465.)
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: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1), (2) and (b), was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
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. § 4014 (CUSTOMS DUTIES)
§ 4014. Consultation and layover provisions for, and effective date of, proclaimed actions
If a provision of this chapter provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established under section 2155 of this title; and
(B) the Commission;
(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
(A) the action proposed to be proclaimed and the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 109–53, title I, § 104, Aug. 2, 2005, 119 Stat. 465.)
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: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 462, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
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: Executive Documents
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. (8) that the United States Trade Representative is authorized to exercise the President’s authority under this section to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action.
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: Statutory Notes and Related Subsidiaries
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: Executive Documents
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Executive Documents
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.