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

(a) Determination. (1) If section 4081(b) produced a positive determination, the President must decide whether eliminating an Agreement duty has caused a covered textile or apparel article from a specified CAFTA–DR country to enter the United States in increased quantities, absolutely or compared with the domestic market, and under conditions causing serious damage or an actual threat of serious damage to a U.S. industry making a like or directly competitive article. (2) To decide serious damage, the President must examine the import effect on the domestic industry, including output, productivity, capacity use, inventories, market share, exports, wages, employment, domestic prices, profits, and investment. None is necessarily decisive. The President may not treat technology changes or consumer preferences as factors supporting serious damage or its actual threat. (3) The decision must be made no later than 30 days after consultations under Agreement article 3.23.4 finish. (b) Relief. (1) If the determination is affirmative, the President may provide relief to the extent necessary to remedy or prevent serious damage and help the domestic industry adjust. (2) Relief may be an increased duty on the article, but the new rate may not exceed the lower of (A) the HTS column 1 general rate for like articles when relief is provided or (B) that rate on the day before the Agreement entered into force.