19 U.S.C. § 4034 — Retroactive application for certain liquidations and reliquidations of textile or apparel goods
submitted 21 years ago by Pub. L. 109-53 to r/title-19-CUSTOMS-DUTIES · 362 words · no verdicts yet
Qualifying earlier textile and apparel entries must be reliquidated at the Agreement rate, with excess duties refunded. A designated eligible country and a supported request are required.
(a) Subject to (c), a textile or apparel entry from a country designated under (b), made January 1, 2004 through before the Agreement* took effect for the country, that would have qualified as originating after entry into force and on which excess duties were paid, must be liquidated or reliquidated at the Agreement Schedule rate; Treasury must refund the excess. (b) The United States Trade Representative determines eligible countries under article 3.20 and publishes them in the Federal Register. (c) A request must be filed with Customs and Border Protection within its regulation’s period and contain enough information to locate or reconstruct the entry and verify the subsection (a) conditions. (d) “Entry” includes a warehouse withdrawal for consumption.
Notwithstanding section 1514 of this title or any other provision of law, and subject to subsection (c), an entry—
of a textile or apparel good*—
of a CAFTA–DR country* that the United States Trade Representative has designated as an eligible country under subsection (b), and
that would have qualified as an originating good under section 4033 of this title if the good had been entered after the date of entry into force of the Agreement* for that country,
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
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.
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.
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—
to locate the entry; or
to reconstruct the entry if it cannot be located; and
to determine that the good satisfies the conditions set out in subsection (a).
As used in this section, the term “entry” includes a withdrawal from warehouse for consumption.
Source credit: (Pub. L. 109–53, title II, § 205, Aug. 2, 2005, 119 Stat. 483; Pub. L. 109–280, title XIV, § 1634(d), Aug. 17, 2006, 120 Stat. 1168.)
- 2005Enacted · Pub. L. 109-53 · 119 Stat. 483
- 2006Amended · Pub. L. 109-280 · 120 Stat. 1168
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-53 on 2005-08-02.
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