19 U.S.C. § 4031 — Tariff modifications
submitted 21 years ago by Pub. L. 109-53 to r/title-19-CUSTOMS-DUTIES · 433 words · no verdicts yet
The President may modify duties and related tariff treatment to carry out the Agreement and preserve its concessions. Certain beneficiary-country designations end when the Agreement takes effect, subject to specified exceptions.
(a)(1) The President may proclaim duty modifications or continuations, continued duty-free or excise treatment, and additional duties needed or appropriate for the listed Agreement* articles and annexes. (2) When the Agreement enters into force for a CAFTA–DR country*, the President must end its beneficiary-developing-country designation under title V of the Trade Act of 1974. (3)(A) On that date the President must also end its Caribbean Basin beneficiary-country designation. (B) It remains a beneficiary country for the three listed purposes: the specified trade-remedy provisions, the specified Annex 3.3 duty-free treatment, and 26 U.S.C. 274(h)(6)(B). (b) Subject to section 4014 consultation and layover rules, the President may proclaim the listed duty changes, staging changes agreed with a country, continued duty-free or excise treatment, or additional duties needed to maintain the Agreement’s general level of reciprocal and mutually advantageous concessions. (c) For a specific or compound base duty rate, the President may substitute an equivalent ad valorem rate.
The President may proclaim—
such modifications or continuation of any duty,
such continuation of duty-free or excise treatment, or
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.
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the President shall terminate the designation of each CAFTA–DR country* as a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] on the date the Agreement enters into force with respect to that country.
Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary country for purposes of that Act [19 U.S.C. 2701 et seq.] on the date the Agreement enters into force with respect to that country.
Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2702(a)], for purposes of—
sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this title;
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
Subject to the consultation and layover provisions of section 4014 of this title, the President may proclaim—
such modifications or continuation of any duty,
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,
such continuation of duty-free or excise treatment, or
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.
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.
Source credit: (Pub. L. 109–53, title II, § 201, Aug. 2, 2005, 119 Stat. 467.)
- 2005Enacted · Pub. L. 109-53 · 119 Stat. 467
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-53 on 2005-08-02.
all 0 arguments · sorted by: best
no arguments yet — make the first case