19 U.S.C. § 4082 — Determination and provision of relief

FEDERAL · 19 U.S.C. · Chapter 26

Determination and provision of relief

Current through Pub. L. 119-102

Title 19 — Customs Duties·Subtitle VI·Ch. 26 — DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE·Subch. III·Pt. B

(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 re

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(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.

19 U.S.C. § 4082 (Determination and provision of relief) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 109–53, title III, §322, Aug. 2, 2005, 119 Stat. 493.)

Editorial Notes

Termination of Section
For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates
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.