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19 U.S.C. § 4014 — Relationship of the Agreement to United States and State law
Federal law — U.S. Code and appendices · legal_authorities
**(a) Relationship of Agreement to United States law**
(1) **United States law to prevail in conflict** — No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) **Construction** — Nothing in this chapter shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
**(b) Relationship of Agreement to State law**
(1) **Legal challenge** — No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) **Definition of State law** — For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
**(c) Effect of Agreement with respect to private remedies** No person other than the United States—
(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
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Source file: Laws/federal/codes/united-states-code/title-19/section-4014-relationship-of-the-agreement-to-united-states-and-state-law--face202080.md
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Source location: Title 19, Chapter 26, § 4014; chapter-026-dominican-republic-central-america-free-trade.md
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**(a) Relationship of Agreement to United States law**
(1) **United States law to prevail in conflict** — No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States shall have effect.
(2) **Construction** — Nothing in this chapter shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this chapter.
**(b) Relationship of Agreement to State law**
(1) **Legal challenge** — No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) **Definition of State law** — For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
**(c) Effect of Agreement with respect to private remedies** No person other than the United States—
(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports to Congress**
(1) **In general** — Not later than the end of the 2-year period beginning on the date the Agreement enters into force, and not later than the end of each 2-year period thereafter during the succeeding 14-year period, the President shall report to the Congress on the progress made by the CAFTA–DR countries in—
(A) implementing Chapter Sixteen and Annex 16.5 of the Agreement; and
(B) implementing the White Paper.
(2) **White Paper** — In this section, the term “White Paper” means the report of April 2005 of the Working Group of the Vice Ministers Responsible for Trade and Labor in the Countries of Central America and the Dominican Republic entitled “The Labor Dimension in Central America and the Dominican Republic - Building on Progress: Strengthening Compliance and Enhancing Capacity”.
(3) **Contents of reports** — Each report under paragraph (1) shall include the following:
(A) A description of the progress made by the Labor Cooperation and Capacity Building Mechanism established by article 16.5 and Annex 16.5 of the Agreement, and the Labor Affairs Council established by article 16.4 of the Agreement, in achieving their stated goals, including a description of the capacity-building projects undertaken, funds received, and results achieved, in each CAFTA–DR country.
(B) Recommendations on how the United States can facilitate full implementation of the recommendations contained in the White Paper.
(C) A description of the work done by the CAFTA–DR countries with the International Labor Organization to implement the recommendations contained in the White Paper, and the efforts of the CAFTA–DR countries with international organizations, through the Labor Cooperation and Capacity Building Mechanism referred to in subparagraph (
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementing actions**
(1) **Proclamation authority** — After August 2, 2005—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this chapter, or amendment made by this chapter, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.
(2) **Effective date of certain proclaimed actions** — Any action proclaimed by the President under the authority of this chapter that is not subject to the consultation and layover provisions under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4014&num=0&edition=prelim) may not take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register.
(3) **Waiver of 15-day restriction** — The 15-day restriction contained in paragraph (2) on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
**(b) Initial regulations** Initial regulations necessary or appropriate to carry out the actions required by or authorized under this chapter or proposed in the statement of administrative action submitted under [section 4011(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4011/a/2&num=0&edition=prelim) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the da
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Federal law — U.S. Code and appendices · legal_authorities
**(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 ([19 U.S.C. 2462(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462/a/1&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(3) **Effect on CBERA status**
(A) *In general* — Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act ([19 U.S.C. 2702(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2702/a&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.] on the date the Agreement enters into force with respect to that country.
(B) *Exception* — Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4033
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4035
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Federal law — U.S. Code and appendices · legal_authorities
Page 1038
TITLE 19—CUSTOMS DUTIES
§ 4013
ment 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 re-
spect to such country, see section 107 of Pub. L. 109–53,
set out as a note under section 4001 of this title.
§ 4013. Implementing actions in anticipation of
entry into force and initial regulations
(a) Implementing actions
(1) Proclamation authority
After August 2, 2005—
(A) the President may proclaim such ac-
tions, and
(B) other appropriate officers of the United
States Government may issue such regula-
tions,
as may be necessary to ensure that any provi-
sion of this chapter, or amendment made by
this chapter, that takes effect on the date the
Agreement enters into force is appropriately
implemented on such date, but no such procla-
mation or regulation may have an effective
date earlier than the date the Agreement en-
ters into force.
(2) Effective date of certain proclaimed actions
Any action proclaimed by the President
under the authority of this chapter that is not
subject to the consultation and layover provi-
sions under section 4014 of this title may not
take effect before the 15th day after the date
on which the text of the proclamation is pub-
lished in the Federal Register.
(3) Waiver of 15-day restriction
The 15-day restriction contained in para-
graph (2) on the taking effect of proclaimed
actions is waived to the extent that the appli-
cation of such restriction would prevent the
taking effect on the date the Agreement en-
ters into force of any action proclaimed under
this section.
(b) Initial regulations
Initial regulations necess
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4014
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