19 U.S.C. § 4082 — Determination and provision of relief
submitted 21 years ago by Pub. L. 109-53 to r/title-19-CUSTOMS-DUTIES · 367 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
If a positive determination is made under section 4081(b) of this title, the President shall determine whether, as a result of the elimination of a duty under the Agreement*, a CAFTA–DR textile or apparel article* of a specified CAFTA–DR country* is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.
In making a determination under paragraph (1), the President—
shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
The President shall make the determination under paragraph (1) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the Agreement.
If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.
The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
the column 1 general rate of duty imposed under the HTS* on like articles at the time the import relief is provided; or
the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
Source credit: (Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.)
- 2005Enacted · Pub. L. 109-53 · 119 Stat. 493
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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