Dominican Republic-Central America-United States Free Trade Agreement Implementation Act 2005

119 STAT. 462 PUBLIC LAW 109–53—AUG. 2, 2005
Public Law 109–53
109th Congress
An Act
To implement the Dominican Republic-Central America-United States Free Trade
Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled ,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) S HORT TITLE.—This Act may be cited as the ‘‘Dominican
Republic-Central America-United States Free Trade AgreementImplementation Act’’.
(b) T
ABLE OF CONTENTS .—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the Agreement to United States and State law.Sec. 103. Implementing actions in anticipation of entry into force and initial regula-
tions.
Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed
actions.
Sec. 105. Administration of dispute settlement proceedings.Sec. 106. Arbitration of claims.Sec. 107. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Additional duties on certain agricultural goods.Sec. 203. Rules of origin.Sec. 204. Customs user fees.Sec. 205. Retroactive application for certain liquidations and reliquidations of tex-
tile or apparel goods.
Sec. 206. Disclosure of incorrect information; false certifications of origin; denial of
preferential tariff treatment.
Sec. 207. Reliquidation of entries.Sec. 208. Recordkeeping requirements.Sec. 209. Enforcement relating to trade in textile or apparel goods.Sec. 210. Regulations.
TITLE III—RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.Sec. 313. Provision of relief.Sec. 314. Termination of relief authority.Sec. 315. Compensation authority.Sec. 316. Confidential business information.Dominican
Republic-CentralAmerica-UnitedStates FreeTrade AgreementImplementationAct.19 USC 4001note.Aug. 2, 2005
[H.R. 3045]
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Subtitle B—Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.Sec. 323. Period of relief.Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.Sec. 326. Termination of relief authority.Sec. 327. Compensation authority.Sec. 328. Confidential business information.
Subtitle C—Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods of CAFTA–DR countries.
TITLE IV—MISCELLANEOUS
Sec. 401. Eligible products.
Sec. 402. Modifications to the Caribbean Basin Economic Recovery Act.Sec. 403. Periodic reports and meetings on labor obligations and labor capacity-
building provisions.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to approve and implement the Free Trade Agreement
between the United States, Costa Rica, the Dominican Republic,El Salvador, Guatemala, Honduras, and Nicaragua entered intounder the authority of section 2103(b) of the Bipartisan TradePromotion Authority Act of 2002 (19 U.S.C. 3803(b));
(2) to strengthen and develop economic relations between
the United States, Costa Rica, the Dominican Republic, ElSalvador, Guatemala, Honduras, and Nicaragua for theirmutual benefit;
(3) to establish free trade between the United States, Costa
Rica, the Dominican Republic, El Salvador, Guatemala, Hon-duras, and Nicaragua through the reduction and eliminationof barriers to trade in goods and services and to investment;and
(4) to lay the foundation for further cooperation to expand
and enhance the benefits of the Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) A GREEMENT .—The term ‘‘Agreement’’ means the
Dominican Republic-Central America-United States Free TradeAgreement approved by the Congress under section 101(a)(1).
(2) CAFTA–DR
COUNTRY .—Except as provided in section
203, the term ‘‘CAFTA–DR country’’ means—
(A) Costa Rica, for such time as the Agreement is
in force between the United States and Costa Rica;
(B) the Dominican Republic, for such time as the Agree-
ment is in force between the United States and the Domini-can Republic;
(C) El Salvador, for such time as the Agreement is
in force between the United States and El Salvador;
(D) Guatemala, for such time as the Agreement is
in force between the United States and Guatemala;
(E) Honduras, for such time as the Agreement is in
force between the United States and Honduras; and
(F) Nicaragua, for such time as the Agreement is in
force between the United States and Nicaragua.(3) C
OMMISSION .—The term ‘‘Commission’’ means the
United States International Trade Commission.19 USC 4002.19 USC 4001.
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(4) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
(5) T EXTILE OR APPAREL GOOD .—The term ‘‘textile or
apparel good’’ means a good listed in the Annex to the Agree-ment on Textiles and Clothing referred to in section 101(d)(4)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)),other than a good listed in Annex 3.29 of the Agreement.
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS RELATING TO, THEAGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) A PPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA –
TIVE ACTION .—Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congressapproves—
(1) the Dominican Republic-Central America-United States
Free Trade Agreement entered into on August 5, 2004, withthe Governments of Costa Rica, the Dominican Republic, ElSalvador, Guatemala, Honduras, and Nicaragua, and submittedto the Congress on June 23, 2005; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to the Congresson June 23, 2005.(b) C
ONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT .—
At such time as the President determines that countries listedin subsection (a)(1) have taken measures necessary to comply withthe provisions of the Agreement that are to take effect on thedate on which the Agreement enters into force, the President isauthorized to provide for the Agreement to enter into force withrespect to those countries that provide for the Agreement to enterinto force for them.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) R ELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) U NITED STATES LAW TO PREVAIL IN CONFLICT .—No provi-
sion of the Agreement, nor the application of any such provisionto any person or circumstance, which is inconsistent with anylaw of the United States shall have effect.
(2) C
ONSTRUCTION .—Nothing in this Act 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 Act.(b) R
ELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) L EGAL CHALLENGE .—No State law, or the application
thereof, may be declared invalid as to any person or cir-cumstance on the ground that the provision or applicationis inconsistent with the Agreement, except in an action brought19 USC 4012.19 USC 4011.
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by the United States for the purpose of declaring such law
or application invalid.
(2) D EFINITION OF STATE LAW .—For purposes of this sub-
section, 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) E
FFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES .—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 provi-
sion of law, any action or inaction by any department, agency,or other instrumentality of the United States, any State, orany political subdivision of a State, on the ground that suchaction or inaction is inconsistent with the Agreement.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE AND INITIAL REGULATIONS.
(a) I MPLEMENTING ACTIONS .—
(1) P ROCLAMATION AUTHORITY .—After the date of the enact-
ment of this Act—
(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 Act,or amendment made by this Act, that takes effect on thedate the Agreement enters into force is appropriately imple-mented on such date, but no such proclamation or regulationmay have an effective date earlier than the date the Agreemententers into force.
(2) E
FFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS .—
Any action proclaimed by the President under the authorityof this Act that is not subject to the consultation and layoverprovisions under section 104 may not take effect before the15th day after the date on which the text of the proclamationis published in the Federal Register.
(3) W
AIVER OF 15 -DAY RESTRICTION .—The 15-day restriction
contained in paragraph (2) on the taking effect of proclaimedactions is waived to the extent that the application of suchrestriction would prevent the taking effect on the date theAgreement enters into force of any action proclaimed underthis section.(b) I
NITIAL REGULATIONS .—Initial regulations necessary or
appropriate to carry out the actions required by or authorizedunder this Act or proposed in the statement of administrativeaction submitted under section 101(a)(2) to implement the Agree-
ment shall, to the maximum extent feasible, be issued within 1year after the date on which the Agreement enters into force.In the case of any implementing action that takes effect on adate after the date on which the Agreement enters into force,initial regulations to carry out that action shall, to the maximumextent feasible, be issued within 1 year after such effective date.
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to thePresident.19 USC 4014.Deadlines.Federal Register,
publication.19 USC 4013.
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consultation and layover requirements of this section, such action
may be proclaimed only if—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C.2155); and
(B) the Commission;
(2) the President has submitted to the Committee on
Finance of the Senate and the Committee on Ways and Meansof the House of Representatives a report that sets forth—
(A) the action proposed to be proclaimed and the rea-
sons 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 toin paragraph (3).
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) E STABLISHMENT OR DESIGNATION OF OFFICE .—The President
is authorized to establish or designate within the Department ofCommerce an office that shall be responsible for providing adminis-trative assistance to panels established under chapter 20 of theAgreement. The office may not be considered to be an agencyfor purposes of section 552 of title 5, United States Code.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated for each fiscal year after fiscal year 2005 tothe Department of Commerce such sums as may be necessaryfor the establishment and operations of the office established ordesignated under subsection (a) and for the payment of the UnitedStates share of the expenses of panels established under chapter20 of the Agreement.
SEC. 106. 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 article10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-StateDispute Settlement procedures set forth in section B of chapter10 of the Agreement.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) E FFECTIVE DATES .—Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Acttake effect on the date the Agreement enters into force.
(b) E
XCEPTIONS .—Sections 1 through 3 and this title take effect
on the date of the enactment of this Act.
(c) T ERMINATION OF CAFTA–DR S TATUS .—During any period
in which a country ceases to be a CAFTA–DR country, the provi-sions of this Act (other than this subsection) and the amendmentsmade by this Act shall cease to have effect with respect to thatcountry.
(d) T
ERMINATION OF THE AGREEMENT .—On the date on which
the Agreement ceases to be in force with respect to the UnitedStates, the provisions of this Act (other than this subsection) andthe amendments made by this Act shall cease to have effect.19 USC 4001note.19 USC 4016.President.19 USC 4015.Reports.
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TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) T ARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT .—
(1) P ROCLAMATION AUTHORITY .—The President may pro-
claim—
(A) such modifications or continuation of any duty,(B) such continuation of duty-free or excise treatment,
or
(C) such additional duties,
as the President determines to be necessary or appropriateto carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27,and 3.28, and Annexes 3.3, 3.27, and 3.28 of the Agreement.
(2) E
FFECT ON GSP STATUS .—Notwithstanding section
502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), thePresident shall terminate the designation of each CAFTA–DR country as a beneficiary developing country for purposesof title V of the Trade Act of 1974 on the date the Agreemententers into force with respect to that country.
(3) E
FFECT ON CBERA STATUS .—
(A) I N GENERAL .—Notwithstanding section 212(a) of
the Caribbean Basin Economic Recovery Act (19 U.S.C.2702(a)), the President shall terminate the designation ofeach CAFTA–DR country as a beneficiary country for pur-poses of that Act on the date the Agreement enters intoforce with respect to that country.
(B) E
XCEPTION .—Notwithstanding subparagraph (A),
each such country shall be considered a beneficiary countryunder section 212(a) of the Caribbean Basin EconomicRecovery Act, for purposes of—
(i) sections 771(7)(G)(ii)(III) and 771(7)(H) of the
Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and1677(7)(H));
(ii) the duty-free treatment provided under para-
graph 12 of Appendix I of the General Notes to theSchedule of the United States to Annex 3.3 of theAgreement; and
(iii) section 274(h)(6)(B) of the Internal Revenue
Code of 1986.
(b) O
THER TARIFF MODIFICATIONS .—Subject to the consultation
and layover provisions of section 104, the President may proclaim—
(1) such modifications or continuation of any duty,(2) such modifications as the United States may agree
to with a CAFTA–DR country regarding the staging of anyduty treatment set forth in Annex 3.3 of the Agreement,
(3) such continuation of duty-free or excise treatment, or(4) such additional duties,
as the President determines to be necessary or appropriate tomaintain the general level of reciprocal and mutually advantageousconcessions provided for by the Agreement.
(c) C
ONVERSION TO ADVALOREM RATES .—For purposes of sub-
sections (a) and (b), with respect to any good for which the baserate in the Schedule of the United States to Annex 3.3 of theAgreement is a specific or compound rate of duty, the Presidentmay substitute for the base rate an ad valorem rate that thePresident determines to be equivalent to the base rate.President.President.19 USC 4031.
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SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
(a) G ENERAL PROVISIONS .—
(1) A PPLICABILITY OF SUBSECTION .—This subsection applies
to additional duties assessed under subsection (b).
(2) A PPLICABLE NTR (MFN) RATE OF DUTY .—For purposes
of subsection (b), the term ‘‘applicable NTR (MFN) rate ofduty’’ means, with respect to a safeguard good, a rate of dutythat is the lesser of—
(A) the column 1 general rate of duty that would,
at the time the additional duty is imposed under subsection(b), apply to a good classifiable in the same 8-digit sub-heading of the HTS as the safeguard good; or
(B) the column 1 general rate of duty that would,
on the day before the date on which the Agreement entersinto force, apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.(3) S
CHEDULE RATE OF DUTY .—For purposes of subsection
(b), the term ‘‘schedule rate of duty’’ means, with respect toa safeguard good, the rate of duty for that good that is setout in the Schedule of the United States to Annex 3.3 ofthe Agreement.
(4) S
AFEGUARD GOOD .—In this section, the term ‘‘safeguard
good’’ means a good—
(A) that is included in the Schedule of the United
States to Annex 3.15 of the Agreement;
(B) that qualifies as an originating good under section
203, except that operations performed in or materialobtained from the United States shall be considered asif the operations were performed in, and the material wasobtained from, a country that is not a party to the Agree-ment; and
(C) for which a claim for preferential tariff treatment
under the Agreement has been made.(5) E
XCEPTIONS .—No additional duty shall be assessed on
a good under subsection (b) if, at the time of entry, the goodis subject to import relief under—
(A) subtitle A of title III of this Act; or(B) chapter 1 of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.).(6) T
ERMINATION .—The assessment of an additional duty
on a good under subsection (b) shall cease to apply to thatgood on the date on which duty-free treatment must be providedto that good under the Schedule of the United States to Annex3.3 of the Agreement.
(7) N
OTICE .—Not later than 60 days after the Secretary
of the Treasury first assesses an additional duty in a calendaryear on a good under subsection (b), the Secretary shall notifythe country whose good is subject to the additional duty inwriting of such action and shall provide to that country datasupporting the assessment of the additional duty.(b) A
DDITIONAL DUTIES ON SAFEGUARD GOODS .—
(1) I N GENERAL .—In addition to any duty proclaimed under
subsection (a) or (b) of section 201, and subject to subsection(a), the Secretary of the Treasury shall assess a duty, in theamount determined under paragraph (2), on a safeguard goodof a CAFTA–DR country imported into the United States ina calendar year if the Secretary determines that, prior to suchDeadline.19 USC 4032.
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importation, the total volume of that safeguard good of such
country that is imported into the United States in that calendaryear exceeds 130 percent of the volume that is set out forthat safeguard good in the corresponding year in the tablefor that country contained in Appendix I of the General Notesto the Schedule of the United States to Annex 3.3 of theAgreement. For purposes of this subsection, year 1 in thattable corresponds to the calendar year in which the Agreemententers into force.
(2) C
ALCULATION OF ADDITIONAL DUTY .—The additional
duty on a safeguard good under this subsection shall be—
(A) in the case of a good classified under subheading
1202.10.80, 1202.20.80, 2008.11.15, 2008.11.35, or2008.11.60 of the HTS—
(i) in years 1 through 5, an amount equal to 100
percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty;
(ii) in years 6 through 10, an amount equal to
75 percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty; and
(iii) in years 11 through 14, an amount equal to
50 percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty; and(B) in the case of any other safeguard good—
(i) in years 1 through 14, an amount equal to
100 percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty;
(ii) in years 15 through 17, an amount equal to
75 percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty; and
(iii) in years 18 and 19, an amount equal to 50
percent of the excess of the applicable NTR (MFN)rate of duty over the schedule rate of duty.
SEC. 203. RULES OF ORIGIN.
(a) A PPLICATION AND INTERPRETATION .—In this section:
(1) T ARIFF CLASSIFICATION .—The basis for any tariff classi-
fication is the HTS.
(2) R EFERENCE TO HTS .—Whenever in this section there
is a reference to a chapter, heading, or subheading, such ref-erence shall be a reference to a chapter, heading, or subheadingof the HTS.
(3) C
OST OR VALUE .—Any cost or value referred to in this
section shall be recorded and maintained in accordance withthe generally accepted accounting principles applicable in theterritory of the country in which the good is produced (whetherthe United States or another CAFTA–DR country).(b) O
RIGINATING GOODS .—For purposes of this Act and for
purposes of implementing the preferential tariff treatment providedfor under the Agreement, except as otherwise provided in thissection, a good is an originating good if—
(1) the good is a good wholly obtained or produced entirely
in the territory of one or more of the CAFTA–DR countries;
(2) the good—
(A) is produced entirely in the territory of one or more
of the CAFTA–DR countries, and—19 USC 4033.
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(i) each of the nonoriginating materials used in
the production of the good undergoes an applicablechange in tariff classification specified in Annex 4.1of the Agreement; or
(ii) the good otherwise satisfies any applicable
regional value-content or other requirements specifiedin Annex 4.1 of the Agreement; and(B) satisfies all other applicable requirements of this
section; or(3) the good is produced entirely in the territory of one
or more of the CAFTA–DR countries, exclusively from materialsdescribed in paragraph (1) or (2).(c) R
EGIONAL VALUE -CONTENT .—
(1) I N GENERAL .—For purposes of subsection (b)(2), the
regional value-content of a good referred to in Annex 4.1 ofthe Agreement, except for goods to which paragraph (4) applies,shall be calculated by the importer, exporter, or producer ofthe good, on the basis of the build-down method describedin paragraph (2) or the build-up method described in paragraph(3).
(2) B
UILD -DOWN METHOD .—
(A) I N GENERAL .—The regional value-content of a good
may be calculated on the basis of the following build-down method:
AV–VNMRVC= ———— × 100AV
(B) D EFINITIONS .—In subparagraph (A):
(i) RVC.—The term ‘‘RVC’’ means the regional
value-content of the good, expressed as a percentage.
(ii) AV.—The term ‘‘AV’’ means the adjusted value
of the good.
(iii) VNM.—The term ‘‘VNM’’ means the value of
nonoriginating materials that are acquired and usedby the producer in the production of the good, butdoes not include the value of a material that is self-produced.
(3) B
UILD -UP METHOD .—
(A) I N GENERAL .—The regional value-content of a good
may be calculated on the basis of the following build-up method:
VOMRVC= ———— × 100AV
(B) D EFINITIONS .—In subparagraph (A):
(i) RVC.—The term ‘‘RVC’’ means the regional
value-content of the good, expressed as a percentage.
(ii) AV.—The term ‘‘AV’’ means the adjusted value
of the good.
(iii) VOM.—The term ‘‘VOM’’ means the value of
originating materials that are acquired or self-pro-duced, and used by the producer in the productionof the good.
(4) S
PECIAL RULE FOR CERTAIN AUTOMOTIVE GOODS .—
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(A) I N GENERAL .—For purposes of subsection (b)(2),
the regional value-content of an automotive good referredto in Annex 4.1 of the Agreement may be calculated bythe importer, exporter, or producer of the good, on thebasis of the following net cost method:
NC–VNMRVC= ———— × 100NC
(B) D EFINITIONS .—In subparagraph (A):
(i) A UTOMOTIVE GOOD .—The term ‘‘automotive
good’’ means a good provided for in any of subheadings8407.31 through 8407.34, subheading 8408.20, heading8409, or in any of headings 8701 through 8708.
(ii) RVC.—The term ‘‘RVC’’ means the regional
value-content of the automotive good, expressed as apercentage.
(iii) NC.—The term ‘‘NC’’ means the net cost of
the automotive good.
(iv) VNM.—The term ‘‘VNM’’ means the value of
nonoriginating materials that are acquired and used
by the producer in the production of the automotivegood, but does not include the value of a materialthat is self-produced.(C) M
OTOR VEHICLES .—
(i) B ASIS OF CALCULATION .—For purposes of deter-
mining the regional value-content under subparagraph(A) for an automotive good that is a motor vehicleprovided for in any of headings 8701 through 8705,an importer, exporter, or producer may average theamounts calculated under the formula contained insubparagraph (A), over the producer’s fiscal year—
(I) with respect to all motor vehicles in any
1 of the categories described in clause (ii); or
(II) with respect to all motor vehicles in any
such category that are exported to the territoryof one or more of the CAFTA–DR countries.(ii) C
ATEGORIES .—A category is described in this
clause if it—
(I) is the same model line of motor vehicles,
is in the same class of vehicles, and is producedin the same plant in the territory of a CAFTA–DR country, as the good described in clause (i)for which regional value-content is being cal-culated;
(II) is the same class of motor vehicles, and
is produced in the same plant in the territoryof a CAFTA–DR country, as the good describedin clause (i) for which regional value-content isbeing calculated; or
(III) is the same model line of motor vehicles
produced in the territory of a CAFTA–DR countryas the good described in clause (i) for whichregional value-content is being calculated.
(D) O
THER AUTOMOTIVE GOODS .—For purposes of deter-
mining the regional value-content under subparagraph (A)for automotive goods provided for in any of subheadings
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8407.31 through 8407.34, in subheading 8408.20, or in
heading 8409, 8706, 8707, or 8708, that are produced inthe 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 motorvehicle producers; or
(iii) make a separate determination under clause
(i) or (ii) for automotive goods that are exported tothe territory of one or more of the CAFTA–DR coun-tries.(E) C
ALCULATING NET COST .—The importer, exporter,
or producer shall, consistent with the provisions regardingallocation of costs set out in generally accepted accountingprinciples, determine the net cost of an automotive goodunder subparagraph (B) by—
(i) calculating the total cost incurred with respect
to all goods produced by the producer of the automotivegood, subtracting any sales promotion, marketing andafter-sales service costs, royalties, shipping andpacking costs, and nonallowable interest costs that areincluded in the total cost of all such goods, and thenreasonably allocating the resulting net cost of thosegoods to the automotive good;
(ii) calculating the total cost incurred with respect
to all goods produced by that producer, reasonablyallocating the total cost to the automotive good, andthen subtracting any sales promotion, marketing andafter-sales service costs, royalties, shipping andpacking costs, and nonallowable interest costs that areincluded in the portion of the total cost allocated tothe automotive good; or
(iii) reasonably allocating each cost that forms part
of the total cost incurred with respect to the automotivegood so that the aggregate of all such costs does notinclude any sales promotion, marketing and after-salesservice costs, royalties, shipping and packing costs,or nonallowable interest costs.
(d) V
ALUE OF MATERIALS .—
(1) I N GENERAL .—For the purpose of calculating the
regional value-content of a good under subsection (c), and forpurposes 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 inaccordance with Articles 1 through 8, Article 15, and thecorresponding interpretive notes of the Agreement onImplementation of Article VII of the General Agreement
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on Tariffs and Trade 1994 referred to in section 101(d)(8)
of the Uruguay Round Agreements Act, as set forth inregulations promulgated by the Secretary of the Treasuryproviding for the application of such Articles in the absenceof 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) F
URTHER ADJUSTMENTS TO THE VALUE OF MATERIALS .—
(A) O RIGINATING MATERIAL .—The following expenses,
if not included in the value of an originating materialcalculated under paragraph (1), may be added to the valueof the originating material:
(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the materialwithin or between the territory of one or more of theCAFTA–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 ofthe CAFTA–DR countries, other than duties or taxesthat are waived, refunded, refundable, or otherwiserecoverable, including credit against duty or tax paidor 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) N
ONORIGINATING MATERIAL .—The following
expenses, if included in the value of a nonoriginating mate-rial calculated under paragraph (1), may be deducted fromthe value of the nonoriginating material:
(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the materialwithin or between the territory of one or more of theCAFTA–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 ofthe CAFTA–DR countries, other than duties or taxesthat are waived, refunded, refundable, or otherwiserecoverable, including credit against duty or tax paidor 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) A
CCUMULATION .—
(1) O RIGINATING 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 usedin the production of a good in the territory of another CAFTA–DR country shall be considered to originate in the territoryof that other country.
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(2) M ULTIPLE PROCEDURES .—A good that is produced in
the territory of one or more of the CAFTA–DR countries by1 or more producers is an originating good if the good satisfiesthe requirements of subsection (b) and all other applicablerequirements of this section.(f) D
EMINIMIS AMOUNTS OF NONORIGINATING MATERIALS .—
(1) I N 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 thegood;
(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 anyapplicable regional value-content requirement for the good.(2) E
XCEPTIONS .—Paragraph (1) does not apply to the fol-
lowing:
(A) A nonoriginating material provided for in chapter
4, or a nonoriginating dairy preparation containing over10 percent by weight of milk solids provided for in sub-heading 1901.90 or 2106.90, that is used in the productionof a good provided for in chapter 4.
(B) A nonoriginating material provided for in chapter
4, or a nonoriginating dairy preparation containing over10 percent by weight of milk solids provided for in sub-heading 1901.90, that is used in the production of thefollowing goods:
(i) Infant preparations containing over 10 percent
by weight of milk solids provided for in subheading1901.10.
(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 subheading1901.90 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 subheading2309.90.(C) A nonoriginating material provided for in heading
0805, or any of subheadings 2009.11 through 2009.39, thatis used in the production of a good provided for in anyof subheadings 2009.11 through 2009.39, or in fruit orvegetable juice of any single fruit or vegetable, fortifiedwith minerals or vitamins, concentrated or unconcentrated,provided for in subheading 2106.90 or 2202.90.
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(D) A nonoriginating material provided for in heading
0901 or 2101 that is used in the production of a goodprovided for in heading 0901 or 2101.
(E) A nonoriginating material provided for in heading
1006 that is used in the production of a good providedfor 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 forin chapter 15.
(G) A nonoriginating material provided for in heading
1701 that is used in the production of a good providedfor 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 forin subheading 1806.10.
(I) Except as provided in subparagraphs (A) through
(H) and Annex 4.1 of the Agreement, a nonoriginatingmaterial used in the production of a good provided forin any of chapters 1 through 24, unless the nonoriginatingmaterial is provided for in a different subheading thanthe good for which origin is being determined under thissection.(3) T
EXTILE OR APPAREL GOODS .—
(A) I N GENERAL .—Except as provided in subparagraph
(B), a textile or apparel good that is not an originatinggood because certain fibers or yarns used in the productionof the component of the good that determines the tariffclassification of the good do not undergo an applicablechange in tariff classification, set out in Annex 4.1 of theAgreement, shall be considered to be an originating goodif—
(i) the total weight of all such fibers or yarns
in that component is not more than 10 percent ofthe 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 dateof the enactment of this Act).(B) C
ERTAIN TEXTILE OR APPAREL GOODS .—A textile
or apparel good containing elastomeric yarns in the compo-nent of the good that determines the tariff classificationof the good shall be considered to be an originating goodonly if such yarns are wholly formed in the territory ofa CAFTA–DR country.
(C) Y
ARN, FABRIC , OR FIBER .—For purposes of this para-
graph, in the case of a good that is a yarn, fabric, orfiber, the term ‘‘component of the good that determinesthe tariff classification of the good’’ means all of the fibersin the good.
(g) F
UNGIBLE GOODS AND MATERIALS .—
(1) I N GENERAL .—
(A) C LAIM FOR PREFERENTIAL TARIFF TREATMENT .—A
person claiming that a fungible good or fungible materialis an originating good may base the claim either on thephysical segregation of the fungible good or fungible mate-rial or by using an inventory management method withrespect to the fungible good or fungible material.
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(B) I NVENTORY 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 countryin which the production is performed; or
(II) otherwise accepted by that country.
(2) E
LECTION OF INVENTORY METHOD .—A person selecting
an inventory management method under paragraph (1) fora particular fungible good or fungible material shall continueto use that method for that fungible good or fungible materialthroughout the fiscal year of that person.(h) A
CCESSORIES , SPARE PARTS , ORTOOLS .—
(1) I N GENERAL .—Subject to paragraphs (2) and (3), acces-
sories, spare parts, or tools delivered with a good that formpart of the good’s standard accessories, spare parts, or toolsshall—
(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 goodundergo the applicable change in tariff classification setout in Annex 4.1 of the Agreement.(2) C
ONDITIONS .—Paragraph (1) shall apply only if—
(A) the accessories, spare parts, or tools are classified
with and not invoiced separately from the good, regardlessof whether they appear specified or separately identifiedin the invoice for the good; and
(B) the quantities and value of the accessories, spare
parts, or tools are customary for the good.(3) R
EGIONAL 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 asoriginating or nonoriginating materials, as the case may be,in calculating the regional value-content of the good.(i) P
ACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.—
Packaging materials and containers in which a good is packagedfor retail sale, if classified with the good, shall be disregardedin determining whether all the nonoriginating materials used inthe production of the good undergo the applicable change in tariffclassification set out in Annex 4.1 of the Agreement, and, if thegood is subject to a regional value-content requirement, the valueof such packaging materials and containers shall be taken intoaccount as originating or nonoriginating materials, as the casemay be, in calculating the regional value-content of the good.
(j) P
ACKING MATERIALS AND CONTAINERS FOR SHIPMENT .—
Packing materials and containers for shipment shall be disregardedin determining whether a good is an originating good.
(k) I
NDIRECT MATERIALS .—An indirect material shall be treated
as an originating material without regard to where it is produced.
(l) T RANSIT 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—Applicability.
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(1) undergoes further production or any other operation
outside the territories of the CAFTA–DR countries, other thanunloading, reloading, or any other operation necessary to pre-serve the good in good condition or to transport the good tothe 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) G
OODS CLASSIFIABLE AS GOODS PUTUPI N SETS.—Notwith-
standing the rules set forth in Annex 4.1 of the Agreement, goodsclassifiable as goods put up in sets for retail sale as providedfor in General Rule of Interpretation 3 of the HTS shall not beconsidered 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) D
EFINITIONS .—In this section:
(1) A DJUSTED VALUE .—The term ‘‘adjusted value’’ means
the value determined in accordance with Articles 1 through8, Article 15, and the corresponding interpretive notes of theAgreement on Implementation of Article VII of the GeneralAgreement on Tariffs and Trade 1994 referred to in section101(d)(8) of the Uruguay Round Agreements Act, adjusted,if necessary, to exclude any costs, charges, or expenses incurredfor transportation, insurance, and related services incident tothe international shipment of the merchandise from the countryof 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 theAgreement is in force between the United States and thatcountry.(3) C
LASS OF MOTOR VEHICLES .—The term ‘‘class of motor
vehicles’’ means any one of the following categories of motorvehicles:
(A) Motor vehicles provided for in subheading 8701.20,
8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading8705 or 8706, or motor vehicles for the transport of 16or more persons provided for in subheading 8702.10 or8702.90.
(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 or8704.31.
(D) Motor vehicles provided for in any of subheadings
8703.21 through 8703.90.(4) F
UNGIBLE 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
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or material for commercial purposes and the properties of which
are essentially identical to such other good or material.
(5) G ENERALLY ACCEPTED ACCOUNTING PRINCIPLES .—The
term ‘‘generally accepted accounting principles’’ means the rec-ognized consensus or substantial authoritative support in theterritory of a CAFTA–DR country with respect to the recordingof revenues, expenses, costs, assets, and liabilities, the disclo-sure of information, and the preparation of financial statements.The principles may encompass broad guidelines of generalapplication as well as detailed standards, practices, and proce-dures.
(6) G
OODS 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 theterritory 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 ofthe CAFTA–DR countries;
(E) minerals and other natural resources not included
in subparagraphs (A) through (D) that are extracted ortaken in the territory of one or more of the CAFTA–DRcountries;
(F) fish, shellfish, and other marine life taken from
the sea, seabed, or subsoil outside the territory of oneor more of the CAFTA–DR countries by vessels registeredor recorded with a CAFTA–DR country and flying theflag of that country;
(G) goods produced on board factory ships from the
goods referred to in subparagraph (F), if such factory shipsare registered or recorded with that CAFTA–DR countryand 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 outsideterritorial waters, if a CAFTA–DR country has rights toexploit 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 countryother 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 goodsare 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 theproduction of remanufactured goods; and
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(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) I
DENTICAL GOODS .—The term ‘‘identical goods’’ means
identical goods as defined in the Agreement on Implementationof Article VII of the General Agreement on Tariffs and Trade1994 referred to in section 101(d)(8) of the Uruguay RoundAgreements Act;
(8) I
NDIRECT MATERIAL .—The term ‘‘indirect material’’
means a good used in the production, testing, or inspectionof a good but not physically incorporated into the good, ora good used in the maintenance of buildings or the operationof 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 thegood can reasonably be demonstrated to be a part of thatproduction.(9) M
ATERIAL .—The term ‘‘material’’ means a good that
is used in the production of another good, including a partor an ingredient.
(10) M
ATERIAL THAT IS SELF -PRODUCED .—The term ‘‘mate-
rial that is self-produced’’ means an originating material thatis produced by a producer of a good and used in the productionof that good.
(11) M
ODEL LINE .—The term ‘‘model line’’ means a group
of motor vehicles having the same platform or model name.
(12) N ET 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) N
ONALLOWABLE INTEREST COSTS .—The term ‘‘nonallow-
able interest costs’’ means interest costs incurred by a producerthat exceed 700 basis points above the applicable officialinterest rate for comparable maturities of the CAFTA–DRcountry in which the producer is located.
(14) N
ONORIGINATING GOOD OR NONORIGINATING MATE –
RIAL.—The terms ‘‘nonoriginating good’’ and ‘‘nonoriginating
material’’ mean a good or material, as the case may be, thatdoes not qualify as originating under this section.
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(15) P ACKING MATERIALS AND CONTAINERS FOR SHIPMENT .—
The term ‘‘packing materials and containers for shipment’’means the goods used to protect a good during its transportationand does not include the packaging materials and containersin which a good is packaged for retail sale.
(16) P
REFERENTIAL TARIFF TREATMENT .—The term ‘‘pref-
erential tariff treatment’’ means the customs duty rate, andthe treatment under article 3.10.4 of the Agreement, that areapplicable to an originating good pursuant to the Agreement.
(17) P
RODUCER .—The term ‘‘producer’’ means a person who
engages in the production of a good in the territory of a CAFTA–DR country.
(18) P
RODUCTION .—The term ‘‘production’’ means growing,
mining, harvesting, fishing, raising, trapping, hunting, manu-facturing, processing, assembling, or disassembling a good.
(19) R
EASONABLY ALLOCATE .—The term ‘‘reasonably allo-
cate’’ means to apportion in a manner that would be appropriateunder generally accepted accounting principles.
(20) R
ECOVERED GOODS .—The term ‘‘recovered goods’’
means materials in the form of individual parts that are theresult 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) R
EMANUFACTURED 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 goodclassified 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) T
OTAL COST .—The term ‘‘total cost’’ means all product
costs, period costs, and other costs for a good incurred inthe territory of one or more of the CAFTA–DR countries.
(23) U
SED.—The term ‘‘used’’ means used or consumed
in the production of goods.
(o) P RESIDENTIAL PROCLAMATION AUTHORITY .—
(1) I N 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) F
ABRICS 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 listin Annex 3.25 of the Agreement in an unrestricted quantity,as provided in article 3.25.4(e) of the Agreement.
(3) M
ODIFICATIONS .—
(A) I N GENERAL .—Subject to the consultation and lay-
over provisions of section 104, the President may proclaimmodifications to the provisions proclaimed under the
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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) A
DDITIONAL PROCLAMATIONS .—Notwithstanding
subparagraph (A), and subject to the consultation and lay-over provisions of section 104, the President may proclaimbefore the end of the 1-year period beginning on the dateof the enactment of this Act, modifications to correct anytypographical, clerical, or other nonsubstantive technicalerror regarding the provisions of chapters 50 through 63,as included in Annex 4.1 of the Agreement.(4) F
ABRICS , YARNS , OR FIBERS NOT AVAILABLE IN COMMER –
CIAL QUANTITIES IN THE CAFTA –DR COUNTRIES .—
(A) I N GENERAL .—Notwithstanding paragraph 3(A), the
list of fabrics, yarns, and fibers set out in Annex 3.25of the Agreement may be modified as provided for in thisparagraph.
(B) D
EFINITIONS .—In this paragraph:
(i) The term ‘‘interested entity’’ means the govern-
ment of a CAFTA–DR country other than the UnitedStates, a potential or actual purchaser of a textileor apparel good, or a potential or actual supplier ofa textile or apparel good.
(ii) All references to ‘‘day’’ and ‘‘days’’ exclude
Saturdays, Sundays, and legal holidays.(C) R
EQUESTS 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 listin 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 fiberthat is the subject of a request submitted under clause(i) is added to the list in Annex 3.25 of the Agreementin an unrestricted quantity, or in any restricted quantitythat 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 theCAFTA–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 daysafter the date on which the request is submitted, that
Deadlines.Deadline.
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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 onwhich the text of the proclamation is published in theFederal Register.
(vi) Not later than 6 months after proclaiming under
clause (iii) that a fabric, yarn, or fiber is added to thelist in Annex 3.25 of the Agreement in a restricted quantity,the President may eliminate the restriction if the Presidentdetermines that the fabric, yarn, or fiber is not availablein commercial quantities in a timely manner in theCAFTA–DR countries.
(D) D
EEMED APPROVAL OF REQUEST .—If, after an
interested entity submits a request under subparagraph(C)(i), the President does not, within the applicable timeperiod specified in subparagraph (C)(iv), make a determina-tion under subparagraph (C)(ii) regarding the request, thefabric, yarn, or fiber that is the subject of the requestshall 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 determinationunder subparagraph (C)(iv)(II).(E) R
EQUESTS 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, orremove 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 dateof the action described in subclause (I) or (II) of thatclause.
(iii) Not later than 30 days after the date on which
a request under clause (i) is submitted, the President mayproclaim an action provided for under clause (i) if thePresident determines that the fabric, yarn, or fiber thatis the subject of the request is available in commercialquantities 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 afterthe date on which the text of the proclamation is publishedin the Federal Register.
(F) P
ROCEDURES .—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 beforeEffective date.
Federal Register,publication.Deadline.Effective dates.Deadline.Effective date.
Federal Register,publication.
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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 afterparagraph (14), the following:
‘‘(15) No fee may be charged under subsection (a) (9) or
(10) with respect to goods that qualify as originating goodsunder section 203 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act. Anyservice for which an exemption from such fee is provided byreason 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) I NGENERAL .—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, andsubject 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 countryunder subsection (b), and
(B) that would have qualified as an originating good
under section 203 if the good had been entered after thedate 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 respectto 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 theUnited States to Annex 3.3 of the Agreement were paid,
shall be liquidated or reliquidated at the applicable rate of dutyfor that good set out in the Schedule of the United States toAnnex 3.3 of the Agreement, and the Secretary of the Treasuryshall refund any excess customs duties paid with respect to suchentry.
(b) E
LIGIBLE 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 countriesin the Federal Register.
(c) R
EQUESTS .—Liquidation or reliquidation may be made under
subsection (a) with respect to an entry of a textile or apparelgood only if a request therefor is filed with the Bureau of Customsand Border Protection, within such period as the Bureau of Customsand Border Protection shall establish by regulation in consultationwith 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) D
EFINITION .—As used in this section, the term ‘‘entry’’
includes a withdrawal from warehouse for consumption.Regulations.Federal Register,
publication.19 USC 4034.
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SEC. 206. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFI-
CATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFFTREATMENT.
(a) D ISCLOSURE 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) P
RIOR 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 thata good qualifies as an originating good under section 203 ofthe Dominican Republic-Central America-United States FreeTrade 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 andpays any duties owing.’’; and
(2) by adding at the end the following new subsection:
‘‘(h) F
ALSE CERTIFICATIONS OF ORIGIN UNDER THE DOMINICAN
REPUBLIC -CENTRAL AMERICA -UNITED STATES FREE TRADE AGREE –
MENT .—
‘‘(1) I N 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 definedin section 508(g)(1)(B) of this Act) that a good exported fromthe United States qualifies as an originating good under therules of origin set out in section 203 of the Dominican Republic-Central America-United States Free Trade AgreementImplementation Act. The procedures and penalties of this sec-tion that apply to a violation of subsection (a) also apply toa violation of this subsection.
‘‘(2) P
ROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT
INFORMATION .—No penalty shall be imposed under this sub-
section if, promptly after an exporter or producer that issueda CAFTA–DR certification of origin has reason to believe thatsuch certification contains or is based on incorrect information,the exporter or producer voluntarily provides written noticeof such incorrect information to every person to whom thecertification was issued.
‘‘(3) E
XCEPTION .—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 waslater 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 personsto whom the person provided the certification.’’.
(b) D
ENIAL OF PREFERENTIAL TARIFF TREATMENT .—Section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by addingat the end the following new subsection:
‘‘(h) D
ENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE
DOMINICAN REPUBLIC -CENTRAL AMERICA -UNITED STATES FREEApplicability.Regulations.
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TRADE AGREEMENT .—If the Bureau of Customs and Border Protec-
tion or the Bureau of Immigration and Customs Enforcement findsindications of a pattern of conduct by an importer, exporter, orproducer of false or unsupported representations that goods qualifyunder the rules of origin set out in section 203 of the DominicanRepublic-Central America-United States Free Trade AgreementImplementation Act, the Bureau of Customs and Border Protection,in accordance with regulations issued by the Secretary of theTreasury, may suspend preferential tariff treatment under theDominican Republic-Central America-United States Free TradeAgreement to entries of identical goods covered by subsequent rep-resentations by that importer, exporter, or producer until theBureau 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 AgreementImplementation Act’’ and inserting ‘‘, section 202 of the UnitedStates-Chile Free Trade Agreement Implementation Act, orsection 203 of the Dominican Republic-Central America-UnitedStates 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) C
ERTIFICATIONS OF ORIGIN FOR GOODS EXPORTED UNDER
THE DOMINICAN REPUBLIC -CENTRAL AMERICA -UNITED STATES FREE
TRADE AGREEMENT .—
‘‘(1) D EFINITIONS .—In this subsection:
‘‘(A) R ECORDS AND SUPPORTING DOCUMENTS .—The term
‘records and supporting documents’ means, with respectto 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, usedin 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 certificationestablished under article 4.16 of the Dominican Republic-Central America-United States Free Trade Agreement thata good qualifies as an originating good under such Agree-ment.‘‘(2) E
XPORTS TO CAFTA –DR COUNTRIES .—Any person who
completes and issues a CAFTA–DR certification of origin fora good exported from the United States shall make, keep,and, pursuant to rules and regulations promulgated by the
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Secretary of the Treasury, render for examination and inspec-
tion all records and supporting documents related to the originof the good (including the certification or copies thereof).
‘‘(3) R
ETENTION 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 dateon 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) A CTION DURING VERIFICATION .—
(1) I N GENERAL .—If the Secretary of the Treasury requests
the government of a CAFTA–DR country to conduct averification pursuant to article 3.24 of the Agreement for pur-poses of making a determination under paragraph (2), thePresident may direct the Secretary to take appropriate actiondescribed in subsection (b) while the verification is being con-ducted.
(2) D
ETERMINATION .—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, andprocedures 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) A
PPROPRIATE 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 undersubsection (a)(1) regarding compliance described in sub-section (a)(2)(A), if the Secretary determines there isinsufficient information to support any claim for pref-erential tariff treatment that has been made with respectto any such good; or
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is thesubject of a verification under subsection (a)(1) regardinga claim described in subsection (a)(2)(B), if the Secretarydetermines there is insufficient information to support thatclaim;(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 under19 USC 4035.
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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 claimfor preferential tariff treatment that has been made withrespect to any such good; or
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is thesubject of a verification under subsection (a)(1) regardinga claim described in subsection (a)(2)(B), if the Secretarydetermines 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 verificationunder 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 informationto 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 isthe subject of a verification under subsection (a)(1) regardingcompliance described in subsection (a)(2)(A) or a claim describedin subsection (a)(2)(B), if the Secretary determines that theperson has provided incorrect information as to the countryof origin of any such good.(c) A
CTION ON COMPLETION OF A VERIFICATION .—On completion
of a verification under subsection (a), the President may directthe Secretary to take appropriate action described in subsection(d) until such time as the Secretary receives information sufficientto make the determination under subsection (a)(2) or until suchearlier date as the President may direct.
(d) A
PPROPRIATE 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 undersubsection (a)(1) regarding compliance described in sub-section (a)(2)(A), if the Secretary determines there isinsufficient information to support, or that the person hasprovided incorrect information to support, any claim forpreferential tariff treatment that has been made withrespect to any such good; or
(B) the textile or apparel good for which a claim of
preferential tariff treatment has been made that is thesubject of a verification under subsection (a)(1) regardinga claim described in subsection (a)(2)(B), if the Secretarydetermines there is insufficient information to support, orthat 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 isthe subject of a verification under subsection (a)(1) regardingcompliance described in subsection (a)(2)(A) or a claim describedin subsection (a)(2)(B), if the Secretary determines there isinsufficient information to determine, or that the person hasprovided incorrect information as to, the country of origin ofany such good.
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(e) P UBLICATION 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 orapparel 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 undersection 203(b).
(2) CAFTA–DR
TEXTILE OR APPAREL ARTICLE .—The term
‘‘CAFTA–DR textile or apparel article’’ means a textile orapparel good (as defined in section 3(5)) that is a CAFTA–DR article.
(3) D
E MINIMIS SUPPLYING COUNTRY .—
(A) Subject to subparagraph (B), the term ‘‘de minimis
supplying country’’ means a CAFTA–DR country whoseshare of imports of the relevant CAFTA–DR article intothe United States does not exceed 3 percent of the aggre-gate volume of imports of the relevant CAFTA–DR articlein the most recent 12-month period for which data areavailable that precedes the filing of the petition undersection 311(a).
(B) A CAFTA–DR country shall not be considered to
be a de minimis supplying country if the aggregate shareof imports of the relevant CAFTA–DR article into theUnited States of all CAFTA–DR countries that satisfy theconditions of subparagraph (A) exceeds 9 percent of theaggregate volume of imports of the relevant CAFTA–DRarticle during the applicable 12-month period.(4) R
ELEVANT CAFTA –DR ARTICLE .—The term ‘‘relevant
CAFTA–DR article’’ means the CAFTA–DR article with respectto 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) F ILING OF PETITION .—A petition requesting action under
this subtitle for the purpose of adjusting to the obligations ofthe United States under the Agreement may be filed with the19 USC 4061.19 USC 4051.19 USC 4036.
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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 anypetition filed under this subsection to the United States TradeRepresentative.
(b) I
NVESTIGATION AND DETERMINATION .—Upon the filing of
a petition under subsection (a), the Commission, unless subsection(d) applies, shall promptly initiate an investigation to determinewhether, as a result of the reduction or elimination of a dutyprovided for under the Agreement, a CAFTA–DR article is beingimported into the United States in such increased quantities, inabsolute terms or relative to domestic production, and under suchconditions that imports of the CAFTA–DR article constitute asubstantial cause of serious injury or threat thereof to the domesticindustry producing an article that is like, or directly competitivewith, the imported article.
(c) A
PPLICABLE PROVISIONS .—The following provisions of section
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respectto any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).(2) Subsection (c).(3) Subsection (i).
(d) A
RTICLES 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–DRarticle under this subtitle.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) D ETERMINATION .—Not later than 120 days after the date
on which an investigation is initiated under section 311(b) withrespect to a petition, the Commission shall make the determinationrequired under that section. At that time, the Commission shallalso determine whether any CAFTA–DR country is a de minimissupplying country.
(b) A
PPLICABLE PROVISIONS .—For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of theTariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall beapplied with respect to determinations and findings made underthis section as if such determinations and findings were madeunder section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) A
DDITIONAL 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 theCommission to be an affirmative determination as provided forunder paragraph (1) of section 330(d) of the Tariff Act of 1930(19 U.S.C. 1330(d)), the Commission shall find, and recommendto the President in the report required under subsection (d), theamount of import relief that is necessary to remedy or preventthe injury found by the Commission in the determination andto facilitate the efforts of the domestic industry to make a positiveadjustment to import competition. The import relief recommendedby the Commission under this subsection shall be limited to therelief described in section 313(c). Only those members of theCommission who voted in the affirmative under subsection (a) areeligible to vote on the proposed action to remedy or prevent theDeadline.19 USC 4062.
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injury found by the Commission. Members of the Commission who
did not vote in the affirmative may submit, in the report requiredunder subsection (d), separate views regarding what action, if any,should be taken to remedy or prevent the injury.
(d) R
EPORT TO PRESIDENT .—Not later than the date that is
30 days after the date on which a determination is made undersubsection (a) with respect to an investigation, the Commissionshall 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 undersubsection (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 recommendationreferred to in paragraphs (1) and (2).(e) P
UBLIC NOTICE .—Upon submitting a report to the President
under subsection (d), the Commission shall promptly make publicsuch report (with the exception of information which the Commis-sion determines to be confidential) and shall cause a summarythereof to be published in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) I NGENERAL .—Not later than the date that is 30 days
after the date on which the President receives the report of theCommission in which the Commission’s determination under section312(a) is affirmative, or which contains a determination undersection 312(a) that the President considers to be affirmative underparagraph (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 providerelief from imports of the article that is the subject of such deter-mination to the extent that the President determines necessaryto remedy or prevent the injury found by the Commission andto facilitate the efforts of the domestic industry to make a positiveadjustment to import competition.
(b) E
XCEPTION .—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 andsocial benefits than costs.
(c) N
ATURE OF RELIEF .—
(1) I N GENERAL .—The import relief that the President is
authorized to provide under this section with respect to importsof an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 3.3 of the Agreement in the duty imposedon 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 reliefis provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.
(2) P
ROGRESSIVE LIBERALIZATION .—If the period for which
import relief is provided under this section is greater thanDeadline.President.
19 USC 4063.Federal Register,
publication.
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1 year, the President shall provide for the progressive liberaliza-
tion (described in article 8.2.3 of the Agreement) of such reliefat regular intervals during the period of its application.(d) P
ERIOD OF RELIEF .—
(1) I N GENERAL .—Subject to paragraph (2), any import relief
that the President is authorized to provide under this sectionmay not, in the aggregate, be in effect for more than 4 years.
(2) E
XTENSION .—
(A) I N 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 theCommission under subparagraph (B) that is affirmative,or which the President considers to be affirmative underparagraph (1) of section 330(d) of the Tariff Act of 1930(19 U.S.C. 1330(d)(1)), may extend the effective period ofany import relief provided under this section, subject tothe 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 facilitateadjustment 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) A
CTION BY COMMISSION .—(i) Upon a petition on
behalf of the industry concerned that is filed with theCommission not earlier than the date which is 9 months,and not later than the date which is 6 months, beforethe 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 injuryand whether there is evidence that the industry is makinga positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subparagraphin the Federal Register and shall, within a reasonabletime 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 respondto the presentations of other parties and consumers, andotherwise to be heard.
(iii) The Commission shall transmit to the President
a report on its investigation and determination under thissubparagraph not later than 60 days before the actionunder subsection (a) is to terminate, unless the Presidentspecifies a different date.
(e) R
ATEAFTER 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 Scheduleof the United States to Annex 3.3 of the Agreement wouldhave been in effect 1 year after the provision of relief undersubsection (a); andReports.
Deadline.Federal Register,
publication.Deadline.
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(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 3.3of the Agreement; or
(B) the rate of duty resulting from the elimination
of the tariff in equal annual stages ending on the dateset out in the Schedule of the United States to Annex3.3 of the Agreement for the elimination of the tariff.
(f) A
RTICLES 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 thatarticle.
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) G ENERAL RULE.—Subject to subsection (b), no import relief
may be provided under this subtitle after the date that is 10years after the date on which the Agreement enters into force.
(b) E
XCEPTION .—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 ofthe Agreement, is greater than 10 years, no relief under this subtitlemay be provided for that article after the date on which thatperiod 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 undersection 313 shall be treated as action taken under chapter 1 oftitle 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 StatesFree Trade Agreement Implementation Act’’.
Subtitle B—Textile and Apparel Safeguard
Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) I NGENERAL .—A request under this subtitle for the purpose
of adjusting to the obligations of the United States under theAgreement may be filed with the President by an interested party.Upon the filing of a request, the President shall review the requestto determine, from information presented in the request, whetherto commence consideration of the request.
(b) P
UBLICATION OF REQUEST .—If the President determines that
the request under subsection (a) provides the information necessaryFederal Register,publication.Notice.President.
19 USC 4081.19 USC 4065.19 USC 4064.
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for the request to be considered, the President shall cause to be
published in the Federal Register a notice of commencement ofconsideration of the request, and notice seeking public commentsregarding the request. The notice shall include a summary of therequest and the dates by which comments and rebuttals mustbe received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) D ETERMINATION .—
(1) I N GENERAL .—If a positive determination is made under
section 321(b), the President shall determine whether, as aresult of the elimination of a duty under the Agreement, aCAFTA–DR textile or apparel article of a specified CAFTA–DR country is being imported into the United States in suchincreased quantities, in absolute terms or relative to thedomestic market for that article, and under such conditionsas to cause serious damage, or actual threat thereof, to adomestic industry producing an article that is like, or directlycompetitive with, the imported article.
(2) S
ERIOUS 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, utilizationof capacity, inventories, market share, exports, wages,employment, domestic prices, profits, and investment, noneof which is necessarily decisive; and
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determinationof serious damage or actual threat thereof.(3) D
EADLINE FOR DETERMINATION .—The President shall
make the determination under paragraph (1) no later than30 days after the completion of any consultations held pursuantto article 3.23.4 of the Agreement.(b) P
ROVISION OF RELIEF .—
(1) I N GENERAL .—If a determination under subsection (a)
is affirmative, the President may provide relief from importsof the article that is the subject of such determination, asprovided in paragraph (2), to the extent that the Presidentdetermines necessary to remedy or prevent the serious damageand to facilitate adjustment by the domestic industry.
(2) N
ATURE OF RELIEF .—The relief that the President is
authorized to provide under this subsection with respect toimports of an article is an increase in the rate of duty imposedon 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 onwhich the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) I NGENERAL .—Subject to subsection (b), any import relief
that the President provides under subsection (b) of section 322may not, in the aggregate, be in effect for more than 3 years.
(b) E
XTENSION .—If the initial period for any import relief pro-
vided under section 322 is less than 3 years, the President may19 USC 4083.President.
19 USC 4082.
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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 bethe rate that would have been in effect, but for the provisionof 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 thedate 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 underthis subtitle shall be treated as action taken under chapter 1of 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 considersto be confidential business information unless the party submittingthe confidential business information had notice, at the time ofsubmission, that such information would be released by the Presi-dent, or such party subsequently consents to the release of theinformation. To the extent a party submits confidential businessinformation, it shall also provide a nonconfidential version of theinformation in which the confidential business information issummarized 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) E FFECT OF IMPORTS .—If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the Commissionmakes an affirmative determination (or a determination which thePresident may treat as an affirmative determination under suchchapter by reason of section 330(d) of the Tariff Act of 1930),the Commission shall also find (and report to the President atReports.19 USC 4101.19 USC 4088.19 USC 4087.19 USC 4086.19 USC 4085.19 USC 4084.
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the time such injury determination is submitted to the President)
whether imports of the article of each CAFTA–DR country thatqualify as originating goods under section 203(b) are a substantialcause of serious injury or threat thereof.
(b) P
RESIDENTIAL DETERMINATION REGARDING IMPORTS OF
CAFTA–DR C OUNTRIES .—In determining the nature and extent
of action to be taken under chapter 1 of title II of the TradeAct of 1974, the President may exclude from the action goodsof a CAFTA–DR country with respect to which the Commissionhas 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, aproduct or service of that country or instrumentalitywhich is covered under that Agreement for procure-ment by the United States.’’.
SEC. 402. MODIFICATIONS TO THE CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.
(a) F ORMER BENEFICIARY COUNTRIES .—Section 212(a)(1) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) isamended 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 beneficiarycountry under this title because the country has becomea party to a free trade agreement with the United States.’’.
(b) C
OUNTRIES 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 fromthe list of countries eligible for designation as beneficiarycountries—
(1) ‘‘Costa Rica’’, effective on the date the President termi-
nates the designation of Costa Rica as a beneficiary countrypursuant to section 201(a)(3);
(2) ‘‘Dominican Republic’’, effective on the date the Presi-
dent terminates the designation of the Dominican Republicas 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 countrypursuant to section 201(a)(3);
(4) ‘‘Guatemala’’, effective on the date the President termi-
nates the designation of Guatemala as a beneficiary countrypursuant to section 201(a)(3);
(5) ‘‘Honduras’’, effective on the date the President termi-
nates the designation of Honduras as a beneficiary countrypursuant to section 201(a)(3); and
19 USC 2702note.19 USC 2702
note.19 USC 2702
note.19 USC 2702
note.19 USC 2702
note.Effective dates.
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(6) ‘‘Nicaragua’’, effective on the date the President termi-
nates the designation of Nicaragua as a beneficiary countrypursuant to section 201(a)(3).(c) M
ATERIALS OF , ORPROCESSING 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 ‘‘theCommonwealth of Puerto Rico and the United States Virgin Islands’’and inserting ‘‘the Commonwealth of Puerto Rico, the United StatesVirgin Islands, and any former beneficiary country’’.
(d) D
EFINITIONS AND SPECIAL RULES .—Section 213(b)(5) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)) isamended by adding at the end the following new subparagraphs:
‘‘(G) F
ORMER CBTPA BENEFICIARY COUNTRY .—The term
‘former CBTPA beneficiary country’ means a country thatceases to be designated as a CBTPA beneficiary countryunder this title because the country has become a partyto a free trade agreement with the United States.
‘‘(H) A
RTICLES THAT UNDERGO PRODUCTION IN A CBTPA
BENEFICIARY COUNTRY AND A FORMER CBTPA BENEFICIARYCOUNTRY
.—(i) For purposes of determining the eligibility
of an article for preferential treatment under paragraph(2) or (3), references in either such paragraph, and insubparagraph (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 thearticle, undergoes production in a CBTPA beneficiarycountry.
‘‘(ii) An article that is eligible for preferential treatment
under clause (i) shall not be ineligible for such treatmentbecause the article is imported directly from a formerCBTPA beneficiary country.
‘‘(iii) Notwithstanding clauses (i) and (ii), an article
that is a good of a former CBTPA beneficiary countryfor purposes of section 304 of the Tariff Act of 1930 (19U.S.C. 1304) or section 334 of the Uruguay Round Agree-ments Act (19 U.S.C. 3592), as the case may be, shallnot 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) R EPORTS TO CONGRESS .—
(1) I N 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 thereafterduring the succeeding 14-year period, the President shall reportto the Congress on the progress made by the CAFTA–DR coun-tries in—President.19 USC 4111.19 USC 2702
note.
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(A) implementing Chapter Sixteen and Annex 16.5 of
the Agreement; and
(B) implementing the White Paper.
(2) W HITE PAPER .—In this section, the term ‘‘White Paper’’
means the report of April 2005 of the Working Group of theVice 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 DominicanRepublic – Building on Progress: Strengthening Complianceand Enhancing Capacity’’.
(3) C
ONTENTS 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 establishedby article 16.5 and Annex 16.5 of the Agreement, andthe Labor Affairs Council established by article 16.4 ofthe Agreement, in achieving their stated goals, includinga description of the capacity-building projects undertaken,funds received, and results achieved, in each CAFTA–DRcountry.
(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 Organizationto implement the recommendations contained in the WhitePaper, and the efforts of the CAFTA–DR countries withinternational organizations, through the Labor Cooperationand Capacity Building Mechanism referred to in subpara-graph (A), to advance common commitments regardinglabor 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 theAgreement and to fully implement the White Paperrecommendations, including the progress made by theCAFTA–DR countries in affording to workers inter-nationally-recognized worker rights through improvedcapacity.
(4) S
OLICITATION OF PUBLIC COMMENTS .—The President
shall establish a mechanism to solicit public comments forpurposes of paragraph (3)(D).(b) P
ERIODIC MEETINGS OF SECRETARY OF LABOR WITHLABOR
MINISTERS OF CAFTA–DR C OUNTRIES .—
(1) P ERIODIC MEETINGS .—The Secretary of Labor should
take the necessary steps to meet periodically with the laborministers of the CAFTA–DR countries to discuss—
(A) the operation of the labor provisions of the Agree-
ment;President.
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LEGISLATIVE HISTORY—H.R. 3045 (S. 1307):
HOUSE REPORTS: No. 109–182 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 27, considered and passed House.July 28, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Aug. 2, Presidential remarks.(B) progress on the commitments made by the CAFTA–
DR countries to implement the recommendations containedin 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 workerrights; and
(D) such other matters as the Secretary of Labor and
the labor ministers consider appropriate.(2) I
NCLUSION IN BIENNIAL REPORTS .—The President shall
include in each report under subsection (a), as the Presidentdeems appropriate, summaries of the meetings held pursuantto paragraph (1).
Approved August 2, 2005.President.
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