SUBCHAPTER II—CUSTOMS PROVISIONS
§4031. Tariff modifications
(a) Tariff modifications provided for in the Agreement
(1) Proclamation authority
The President may proclaim—
(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 appropriate to 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) Effect on GSP status
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (
(3) Effect on CBERA status
(A) In general
Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act (
(B) Exception
Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act [
(i)
(ii) the duty-free treatment provided under paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
(iii)
(b) Other tariff modifications
Subject to the consultation and layover provisions of
(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 any duty 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 to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement.
(c) Conversion to ad valorem rates
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
(
Termination of Section
For termination of section by section 107(d) of
Editorial Notes
References in Text
The Trade Act of 1974, referred to in subsec. (a)(2), is
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(3)(A), is title II of
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
§4032. Additional duties on certain agricultural goods
(a) General provisions
(1) Applicability of subsection
This subsection applies to additional duties assessed under subsection (b).
(2) Applicable NTR (MFN) rate of duty
For purposes of subsection (b), the term "applicable NTR (MFN) rate of duty" means, with respect to a safeguard good, a rate of duty that 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 subheading 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 enters into force, apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.
(3) Schedule rate of duty
For purposes of subsection (b), the term "schedule rate of duty" means, with respect to a safeguard good, the rate of duty for that good that is set out in the Schedule of the United States to Annex 3.3 of the Agreement.
(4) Safeguard 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
(C) for which a claim for preferential tariff treatment under the Agreement has been made.
(5) Exceptions
No additional duty shall be assessed on a good under subsection (b) if, at the time of entry, the good is subject to import relief under—
(A) part A of subchapter III of this chapter; or
(B)
(6) Termination
The assessment of an additional duty on a good under subsection (b) shall cease to apply to that good on the date on which duty-free treatment must be provided to that good under the Schedule of the United States to Annex 3.3 of the Agreement.
(7) Notice
Not later than 60 days after the Secretary of the Treasury first assesses an additional duty in a calendar year on a good under subsection (b), the Secretary shall notify the country whose good is subject to the additional duty in writing of such action and shall provide to that country data supporting the assessment of the additional duty.
(b) Additional duties on safeguard goods
(1) In general
In addition to any duty proclaimed under subsection (a) or (b) of
(2) Calculation 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, or 2008.11.60 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.
(
Termination of Section
For termination of section by section 107(d) of
Editorial Notes
References in Text
Part A of subchapter III of this chapter, referred to in subsec. (a)(5)(A), was in the original "subtitle A of title III of this Act", meaning subtitle A (§§311–316) of title III of
The Trade Act of 1974, referred to in subsec. (a)(5)(B), is
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
§4033. Rules of origin
(a) Application and interpretation
In this section:
(1) Tariff classification
The basis for any tariff classification is the HTS.
(2) Reference to HTS
Whenever in this section there is a reference to a chapter, heading, or subheading, such reference shall be a reference to a chapter, heading, or subheading of the HTS.
(3) Cost or value
Any cost or value referred to in this section shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the country in which the good is produced (whether the United States or another CAFTA–DR country).
(b) Originating goods
For purposes of this chapter and for purposes of implementing the preferential tariff treatment provided for under the Agreement, except as otherwise provided in this section, 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—
(i) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 of the Agreement; or
(ii) the good otherwise satisfies any applicable regional value-content or other requirements specified in 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 materials described in paragraph (1) or (2).
(c) Regional value-content
(1) In general
For purposes of subsection (b)(2), the regional value-content of a good referred to in Annex 4.1 of the Agreement, except for goods to which paragraph (4) applies, shall be calculated by the importer, exporter, or producer of the good, on the basis of the build-down method described in paragraph (2) or the build-up method described in paragraph (3).
(2) Build-down method
(A) In general
The regional value-content of a good may be calculated on the basis of the following build-down method:
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(B) Definitions
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 used by the producer in the production of the good, but does not include the value of a material that is self-produced.
(3) Build-up method
(A) In general
The regional value-content of a good may be calculated on the basis of the following build-up method:
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(B) Definitions
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-produced, and used by the producer in the production of the good.
(4) Special rule for certain automotive goods
(A) In general
For purposes of subsection (b)(2), the regional value-content of an automotive good referred to in Annex 4.1 of the Agreement may be calculated by the importer, exporter, or producer of the good, on the basis of the following net cost method:
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(B) Definitions
In subparagraph (A):
(i) Automotive good
The term "automotive good" means a good provided for in any of subheadings 8407.31 through 8407.34, subheading 8408.20, heading 8409, or in any of headings 8701 through 8708.
(ii) RVC
The term "RVC" means the regional value-content of the automotive good, expressed as a percentage.
(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 automotive good, but does not include the value of a material that is self-produced.
(C) Motor vehicles
(i) Basis of calculation
For purposes of determining the regional value-content under subparagraph (A) for an automotive good that is a motor vehicle provided for in any of headings 8701 through 8705, an importer, exporter, or producer may average the amounts calculated under the formula contained in subparagraph (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 territory of one or more of the CAFTA–DR countries.
(ii) Categories
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 produced in 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 calculated;
(II) is the same class of motor vehicles, and is produced in 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 calculated; or
(III) is the same model line of motor vehicles produced in the territory of a CAFTA–DR country as the good described in clause (i) for which regional value-content is being calculated.
(D) Other automotive goods
For purposes of determining the regional value-content under subparagraph (A) for automotive goods provided for in any of subheadings 8407.31 through 8407.34, in subheading 8408.20, or in heading 8409, 8706, 8707, or 8708, that are produced in the same plant, an importer, exporter, or producer may—
(i) average the amounts calculated under the formula 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 motor vehicle producers; or
(iii) make a separate determination under clause (i) or (ii) for automotive goods that are exported to the territory of one or more of the CAFTA–DR countries.
(E) Calculating net cost
The importer, exporter, or producer shall, consistent with the provisions regarding allocation of costs set out in generally accepted accounting principles, determine the net cost of an automotive good under subparagraph (B) by—
(i) calculating the total cost incurred with respect to all goods produced by the producer of the automotive good, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good;
(ii) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or
(iii) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of all such costs does not include any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, or nonallowable interest costs.
(d) Value of materials
(1) In general
For the purpose of calculating the regional value-content of a good under subsection (c), and for purposes 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 in accordance with Articles 1 through 8, Article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in
(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) Further adjustments to the value of materials
(A) Originating material
The following expenses, if not included in the value of an originating material calculated under paragraph (1), may be added to the value of the originating material:
(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of one or more of the CAFTA–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 of the CAFTA–DR countries, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or 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) Nonoriginating material
The following expenses, if included in the value of a nonoriginating material calculated under paragraph (1), may be deducted from the value of the nonoriginating material:
(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of one or more of the CAFTA–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 of the CAFTA–DR countries, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or 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 territory of one or more of the CAFTA–DR countries.
(e) Accumulation
(1) Originating materials used in production of goods of another country
Originating materials from the territory of one or more of the CAFTA–DR countries that are used in the production of a good in the territory of another CAFTA–DR country shall be considered to originate in the territory of that other country.
(2) Multiple procedures
A good that is produced in the territory of one or more of the CAFTA–DR countries by 1 or more producers is an originating good if the good satisfies the requirements of subsection (b) and all other applicable requirements of this section.
(f) De minimis amounts of nonoriginating materials
(1) In general
Except as provided in paragraphs (2) and (3), a good that does not undergo a change in tariff classification pursuant to Annex 4.1 of the Agreement is an originating 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 the good;
(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 any applicable regional value-content requirement for the good.
(2) Exceptions
Paragraph (1) does not apply to the following:
(A) A nonoriginating material provided for in
(B) A nonoriginating material provided for in
(i) Infant preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.10.
(ii) Mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale, provided for in subheading 1901.20.
(iii) Dairy preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90.
(iv) Goods provided for in heading 2105.
(v) Beverages containing milk provided for in subheading 2202.90.
(vi) Animal feeds containing over 10 percent by weight of milk solids provided for in subheading 2309.90.
(C) A nonoriginating material provided for in heading 0805, or any of subheadings 2009.11 through 2009.39, that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, provided for in subheading 2106.90 or 2202.90.
(D) A nonoriginating material provided for in heading 0901 or 2101 that is used in the production of a good provided for in heading 0901 or 2101.
(E) A nonoriginating material provided for in heading 1006 that is used in the production of a good provided for in heading 1102 or 1103 or subheading 1904.90.
(F) A nonoriginating material provided for in
(G) A nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703.
(H) A nonoriginating material provided for in
(I) Except as provided in subparagraphs (A) through (H) and Annex 4.1 of the Agreement, a nonoriginating material used in the production of a good provided for in any of chapters 1 through 24, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section.
(3) Textile or apparel goods
(A) In general
Except as provided in subparagraph (B), a textile or apparel good that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification, set out in Annex 4.1 of the Agreement, shall be considered to be an originating good if—
(i) the total weight of all such fibers or yarns in that component is not more than 10 percent of the total weight of that component; or
(ii) the yarns are those described in
(B) Certain textile or apparel goods
A textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in the territory of a CAFTA–DR country.
(C) Yarn, fabric, or fiber
For purposes of this paragraph, in the case of a good that is a yarn, fabric, or fiber, the term "component of the good that determines the tariff classification of the good" means all of the fibers in the good.
(g) Fungible goods and materials
(1) In general
(A) Claim for preferential tariff treatment
A person claiming that a fungible good or fungible material is an originating good may base the claim either on the physical segregation of the fungible good or fungible material or by using an inventory management method with respect to the fungible good or fungible material.
(B) Inventory management method
In this subsection, 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 country in which the production is performed; or
(II) otherwise accepted by that country.
(2) Election of inventory method
A person selecting an inventory management method under paragraph (1) for a particular fungible good or fungible material shall continue to use that method for that fungible good or fungible material throughout the fiscal year of that person.
(h) Accessories, spare parts, or tools
(1) In general
Subject to paragraphs (2) and (3), accessories, spare parts, or tools delivered with a good that form part of the good's standard accessories, spare parts, or tools shall—
(A) be treated as originating goods if the good is an originating good; and
(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 4.1 of the Agreement.
(2) Conditions
Paragraph (1) shall apply only if—
(A) the accessories, spare parts, or tools are classified with and not invoiced separately from the good, regardless of whether they appear specified or separately identified in the invoice for the good; and
(B) the quantities and value of the accessories, spare parts, or tools are customary for the good.
(3) Regional value-content
If the good is subject to a regional value-content requirement, the value of the accessories, spare parts, or tools shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good.
(i) Packaging materials and containers for retail sale
Packaging materials and containers in which a good is packaged for retail sale, if classified with the good, shall be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 4.1 of the Agreement, and, if the good is subject to a regional value-content requirement, the value of such packaging materials and containers shall be taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good.
(j) Packing materials and containers for shipment
Packing materials and containers for shipment shall be disregarded in determining whether a good is an originating good.
(k) Indirect materials
An indirect material shall be treated as an originating material without regard to where it is produced.
(l) Transit and transhipment
A good that has undergone production necessary to qualify as an originating good under subsection (b) shall not be considered to be an originating good if, subsequent to that production, the good—
(1) undergoes further production or any other operation outside the territories of the CAFTA–DR countries, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the 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) Goods classifiable as goods put up in sets
Notwithstanding the rules set forth in Annex 4.1 of the Agreement, goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3 of the HTS shall not be considered 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) Definitions
In this section:
(1) Adjusted value
The term "adjusted value" means the value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in
(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 the Agreement is in force between the United States and that country.
(3) Class of motor vehicles
The term "class of motor vehicles" means any one of the following categories of motor vehicles:
(A) Motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90.
(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 or 8704.31.
(D) Motor vehicles provided for in any of subheadings 8703.21 through 8703.90.
(4) Fungible 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 or material for commercial purposes and the properties of which are essentially identical to such other good or material.
(5) Generally accepted accounting principles
The term "generally accepted accounting principles" means the recognized consensus or substantial authoritative support in the territory of a CAFTA–DR country with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. The principles may encompass broad guidelines of general application as well as detailed standards, practices, and procedures.
(6) Goods 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 the territory 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 of the CAFTA–DR countries;
(E) minerals and other natural resources not included in subparagraphs (A) through (D) that are extracted or taken in the territory of one or more of the CAFTA–DR countries;
(F) fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the territory of one or more of the CAFTA–DR countries by vessels registered or recorded with a CAFTA–DR country and flying the flag of that country;
(G) goods produced on board factory ships from the goods referred to in subparagraph (F), if such factory ships are registered or recorded with that CAFTA–DR country and 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 outside territorial waters, if a CAFTA–DR country has rights to exploit 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 country other 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 goods are 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 the production of remanufactured goods; and
(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) Identical goods
The term "identical goods" means identical goods as defined in the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in
(8) Indirect material
The term "indirect material" means a good used in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of 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 equipment or buildings;
(E) gloves, glasses, footwear, clothing, safety equipment, 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 the good can reasonably be demonstrated to be a part of that production.
(9) Material
The term "material" means a good that is used in the production of another good, including a part or an ingredient.
(10) Material that is self-produced
The term "material that is self-produced" means an originating material that is produced by a producer of a good and used in the production of that good.
(11) Model line
The term "model line" means a group of motor vehicles having the same platform or model name.
(12) Net cost
The term "net cost" means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost.
(13) Nonallowable interest costs
The term "nonallowable interest costs" means interest costs incurred by a producer that exceed 700 basis points above the applicable official interest rate for comparable maturities of the CAFTA–DR country in which the producer is located.
(14) Nonoriginating good or nonoriginating material
The terms "nonoriginating good" and "nonoriginating material" mean a good or material, as the case may be, that does not qualify as originating under this section.
(15) Packing materials and containers for shipment
The term "packing materials and containers for shipment" means the goods used to protect a good during its transportation and does not include the packaging materials and containers in which a good is packaged for retail sale.
(16) Preferential tariff treatment
The term "preferential tariff treatment" means the customs duty rate, and the treatment under article 3.10.4 of the Agreement, that are applicable to an originating good pursuant to the Agreement.
(17) Producer
The term "producer" means a person who engages in the production of a good in the territory of a CAFTA–DR country.
(18) Production
The term "production" means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good.
(19) Reasonably allocate
The term "reasonably allocate" means to apportion in a manner that would be appropriate under generally accepted accounting principles.
(20) Recovered goods
The term "recovered goods" means materials in the form of individual parts that are the result 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 condition of such individual parts.
(21) Remanufactured good
The term "remanufactured good" means a good that is classified under
(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) Total cost
The term "total cost" means all product costs, period costs, and other costs for a good incurred in the territory of one or more of the CAFTA–DR countries.
(23) Used
The term "used" means used or consumed in the production of goods.
(o) Presidential proclamation authority
(1) In general
The President is authorized to proclaim, as part of the HTS—
(A) the provisions set out in Annex 4.1 of the Agreement; and
(B) any additional subordinate category necessary to carry out this subchapter consistent with the Agreement.
(2) Fabrics and yarns not available in commercial quantities in the United States
The President is authorized to proclaim that a fabric or yarn is added to the list in Annex 3.25 of the Agreement in an unrestricted quantity, as provided in article 3.25.4(e) of the Agreement.
(3) Modifications
(A) In general
Subject to the consultation and layover provisions of
(B) Additional proclamations
Notwithstanding subparagraph (A), and subject to the consultation and layover provisions of
(4) Fabrics, yarns, or fibers not available in commercial quantities in the CAFTA–DR countries
(A) In general
Notwithstanding paragraph 3(A), the list of fabrics, yarns, and fibers set out in Annex 3.25 of the Agreement may be modified as provided for in this paragraph.
(B) Definitions
In this paragraph:
(i) The term "interested entity" means the government of a CAFTA–DR country other than the United States, a potential or actual purchaser of a textile or apparel good, or a potential or actual supplier of a textile or apparel good.
(ii) All references to "day" and "days" exclude Saturdays, Sundays, and legal holidays.
(C) Requests to add fabrics, yarns, or fibers
(i) An interested entity may request the President to determine that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries and to add that fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement in a restricted or unrestricted quantity.
(ii) After receiving a request under clause (i), the President may determine whether—
(I) the fabric, yarn, or fiber is available in commercial 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 specified in clause (iv), proclaim that a fabric, yarn, or fiber that is the subject of a request submitted under clause (i) is added to the list in Annex 3.25 of the Agreement in an unrestricted quantity, or in any restricted quantity that the President may establish, if the President determines under clause (ii) that—
(I) the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–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 days after the date on which the request is submitted, that the President does not have sufficient information to make a determination under clause (ii).
(v) Notwithstanding
(vi) Not later than 6 months after proclaiming under clause (iii) that a fabric, yarn, or fiber is added to the list in Annex 3.25 of the Agreement in a restricted quantity, the President may eliminate the restriction if the President determines that the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the CAFTA–DR countries.
(D) Deemed approval of request
If, after an interested entity submits a request under subparagraph (C)(i), the President does not, within the applicable time period specified in subparagraph (C)(iv), make a determination under subparagraph (C)(ii) regarding the request, the fabric, yarn, or fiber that is the subject of the request shall 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 determination under subparagraph (C)(iv)(II).
(E) Requests 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, or remove 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 unrestricted quantity pursuant to paragraph (2) or subparagraph (C)(iii) or (D); or
(II) with respect to which the President has eliminated 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 date of the action described in subclause (I) or (II) of that clause.
(iii) Not later than 30 days after the date on which a request under clause (i) is submitted, the President may proclaim an action provided for under clause (i) if the President determines that the fabric, yarn, or fiber that is the subject of the request is available in commercial quantities 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 after the date on which the text of the proclamation is published in the Federal Register.
(F) Procedures
The President shall establish procedures—
(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 before the President makes a determination under subparagraph (C)(ii) or (vi) or (E)(iii).
(
Termination of Section
For termination of section by section 107(d) of
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
This subchapter, referred to in subsec. (o)(1)(B), was in the original "this title" meaning title II of
Amendments
2005—Subsec. (c)(2)(A).
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Subsec. (c)(3)(A).
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Subsec. (c)(4)(A).
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Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
Executive Documents
Delegation of Functions
Proc. No. 8213, Dec. 20, 2007, 72 F.R. 73556, provided in par. (4) that the Committee for the Implementation of Textile Agreements is authorized to exercise the President's authority under subsec. (o) of this section to implement Appendix 4.1–B of the Dominican Republic-Central America-United States Free Trade Agreement by determining whether and, if so, by what amount to increase, in accordance with paragraph 3 or footnote 2 of that Appendix, the quantitative limits in the provisions of the Harmonized Tariff Schedule set out in section D of the Annex to this proclamation (not set out in the Code).
Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10828, provided in par. (4) that the Committee for the Implementation of Textile Agreements is authorized to exercise the President's authority under subsec. (o) of this section to determine that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the United States and those Dominican Republic-Central America-United States Free Trade Agreement countries for which the Agreement has entered into force, and to add any such fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement in a restricted or unrestricted quantity; to eliminate a restriction on the quantity of a fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or fiber to the list in Annex 3.25 of the Agreement in a restricted quantity; to restrict the quantity of, or remove from the list in Annex 3.25 of the Agreement, certain fabrics, yarns, or fibers; and to establish procedures governing the submission of a request for any such determination and to ensure appropriate public participation in any such determination.
§4034. Retroactive application for certain liquidations and reliquidations of textile or apparel goods
(a) In general
Notwithstanding
(1) of a textile or apparel good—
(A) of a CAFTA–DR country that the United States Trade Representative has designated as an eligible country under subsection (b), and
(B) that would have qualified as an originating good under
(2) that was made on or after January 1, 2004, and before the date of the entry into force of the Agreement with respect to that country or any other CAFTA–DR country, and
(3) for which customs duties in excess of the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement were paid,
shall be liquidated or reliquidated at the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement, and the Secretary of the Treasury shall refund any excess customs duties paid with respect to such entry.
(b) Eligible country
The United States Trade Representative shall determine, in accordance with article 3.20 of the Agreement, which CAFTA–DR countries are eligible countries for purposes of this section, and shall publish a list of all such countries in the Federal Register.
(c) Requests
Liquidation or reliquidation may be made under subsection (a) with respect to an entry of a textile or apparel good only if a request therefor is filed with the Bureau of Customs and Border Protection, within such period as the Bureau of Customs and Border Protection shall establish by regulation in consultation with the Secretary of the Treasury, that contains sufficient information 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) Definition
As used in this section, the term "entry" includes a withdrawal from warehouse for consumption.
(
Termination of Section
For termination of section by section 107(d) of
Editorial Notes
Amendments
2006—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
§4035. Enforcement relating to trade in textile or apparel goods
(a) Action during verification
(1) In general
If the Secretary of the Treasury requests the government of a CAFTA–DR country to conduct a verification pursuant to article 3.24 of the Agreement for purposes of making a determination under paragraph (2), the President may direct the Secretary to take appropriate action described in subsection (b) while the verification is being conducted.
(2) Determination
A determination under this paragraph is a determination—
(A) that an exporter or producer in that country is complying with applicable customs laws, regulations, and procedures 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
(ii) is a good of a CAFTA–DR country,
is accurate.
(b) Appropriate 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 under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to support that claim;
(2) denial 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 under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that the person has provided incorrect information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines that a person has provided incorrect information to support that claim;
(3) detention of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to 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 is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that the person has provided incorrect information as to the country of origin of any such good.
(c) Action on completion of a verification
On completion of a verification under subsection (a), the President may direct the Secretary to take appropriate action described in subsection (d) until such time as the Secretary receives information sufficient to make the determination under subsection (a)(2) or until such earlier date as the President may direct.
(d) Appropriate action described
Appropriate action under subsection (c) includes—
(1) denial 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 under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support, or that the person has provided incorrect information to support, any claim for preferential tariff treatment that has been made with respect to any such good; or
(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to support, or that 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 is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient information to determine, or that the person has provided incorrect information as to, the country of origin of any such good.
(e) Publication 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 or apparel goods; or
(2) has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.
(
Termination of Section
For termination of section by section 107(d) of
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
Executive Documents
Proc. No. 7987. To Implement the Dominican Republic-Central America-United States Free Trade Agreement
Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in par. (5) that the Committee for the Implementation of Textile Agreements is authorized to exercise the President's authority under this section to suspend or deny preferential tariff treatment to textile or apparel goods; to detain textile or apparel goods; and to deny entry to textile or apparel goods.
§4036. Regulations
The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
(1) subsections (a) through (n) of
(2) the amendment made by section 204; 1 and
(3) any proclamation issued under
(
Termination of Section
For termination of section by section 107(d) of
Editorial Notes
References in Text
Section 204, referred to in par. (2), is section 204 of
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of