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19 U.S.C. § 4001 — Periodic reports and meetings on labor obligations and labor capacity-building provisions
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 (
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Source location: Title 19, Chapter 26, § 4001; chapter-026-dominican-republic-central-america-free-trade.md
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**(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 (A), to advance common commitments regarding labor matters.
(D) A summary of public comments received on—
(i) capacity-building efforts by the United States envisaged by article 16.5 and Annex 16.5 of the Agreement;
(ii) efforts by the United States to facilitate full implementation of the White Paper recommendations; and
(iii) the efforts made by the CAFTA–DR countries to comply with article 16.5 and Annex 16.5 of the Agreement and to fully implement the White Paper recommendations, including the progress made by the CAFTA–DR countries in affording to workers internationally-recognized worker rights through improved capacity.
(4) **Solicitation of public comments** — The President shall establish a mechanism to solicit public comments for purposes of paragraph (3)(D).
**(b) Periodic meetings of Secretary of Labor with labor ministers of CAFTA–DR countries**
(1) **Periodic meetings** — The Secretary of Labor should take the necessary steps to meet periodically with the labor ministers of the CAFTA–DR countries to discuss—
(A) the operation of the labor provisions of the Agreement;
(B) progress on the commitments made by the CAFTA–DR countries to implement the recommendations contained in the White Paper;
(C) the work of the International Labor Organization in the CAFTA–DR countries, and other cooperative efforts, to afford to workers internationally-recognized worker rights; and
(D) such other matters as the Secretary of Labor and the labor ministers consider appropriate.
(2) **Inclusion in biennial reports** — The President shall include in each report under subsection (a), as the President deems appropriate, summaries of the meetings held pursuant to paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** Any—
(1) owner, importer, consignee, importer of record, entry filer, or other party who—
(A) imports merchandise into the customs territory of the United States, files a drawback claim, or transports or stores merchandise carried or held under bond, or
(B) knowingly causes the importation or transportation or storage of merchandise carried or held under bond into or from the customs territory of the United States;
(2) agent of any party described in paragraph (1); or
(3) person whose activities require the filing of a declaration or entry, or both;
shall make, keep, and render for examination and inspection records (which for purposes of this section include, but are not limited to, statements, declarations, documents and electronically generated or machine readable data) which—
(A) pertain to any such activity, or to the information contained in the records required by this chapter in connection with any such activity; and
(B) are normally kept in the ordinary course of business.
**(b) Exports and imports relating to USMCA countries**
(1) **Definitions** — In this subsection:
(A) *USMCA; USMCA country* — The terms “USMCA” and “USMCA country” have the meanings given those terms in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
(B) *USMCA certification of origin* — The term “USMCA certification of origin” means the certification established under article 5.2.1 of the USMCA that a good qualifies as an originating good under the USMCA.
(2) **Exports to USMCA countries** — Any person who completes a USMCA certification of origin or provides a written representation for a good exported from the United States to a USMCA country shall make, keep, and,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Finality of decisions; return of papers** Except as provided in subsection (b) of this section, [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1501&num=0&edition=prelim) (relating to voluntary reliquidations), [section 1516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516&num=0&edition=prelim) (relating to petitions by domestic interested parties), [section 1520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1520&num=0&edition=prelim) (relating to refunds), and [section 6501 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6501&num=0&edition=prelim) (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to—
(1) the appraised value of merchandise;
(2) the classification and rate and amount of duties chargeable;
(3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury;
(4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim);
(5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cases in which refunds authorized** The Secretary of the Treasury is authorized to refund duties or other receipts in the following cases:
(1) **Excess deposits.—** — Whenever it is ascertained on liquidation or reliquidation of an entry or reconciliation that more money has been deposited or paid as duties than was required by law to be so deposited or paid.
(2) **Fees, charges, and exactions.—** — Whenever it is determined in the manner required by law that any fees, charges, or exactions, other than duties and taxes, have been erroneously or excessively collected.
(3) **Fines, penalties, and forfeitures.—** — Whenever money has been deposited in the Treasury on account of a fine, penalty, or forfeiture which did not accrue, or which is finally determined to have accrued in an amount less than that so deposited, or which is mitigated to an amount less than that so deposited or is remitted.
(4) **Prior to liquidation.—** — Prior to the liquidation of an entry or reconciliation, whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid.
**(b) Authorization of appropriations** The necessary moneys to make such refunds are authorized to be appropriated annually from the general fund of the Treasury.
**(c) Repealed. Pub. L. 108–429, title II, § 2105, Dec. 3, 2004, 118 Stat. 2598**
**(d) Goods qualifying under free trade agreement rules of origin** Notwithstanding the fact that a valid protest was not filed, the Customs Service may, in accordance with regulations prescribed by the Secretary, reliquidate an entry to refund any excess duties (including any merchandise processing fees) paid on a good qualifying under the rules of origin set out in section 202 of the United States-Chile
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition**
(1) **General rule** — Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence—
(A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of—
(i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, or
(ii) any omission which is material, or
(B) may aid or abet any other person to violate subparagraph (A).
(2) **Exception** — Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.
**(b) Procedures**
(1) **Pre-penalty notice**
(A) *In general* — If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall—
(i) describe the merchandise;
(ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction;
(iii) specify all laws and regulations allegedly violated;
(iv) disclose all the material facts which establish the alleged violation;
(v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence;
(vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions and adjustment plans**
(1) A petition requesting action under this part for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry.
(2) A petition under paragraph (1)—
(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and
(B) may—
(i) subject to subsection (d)(1)(C)(i), request provisional relief under subsection (d)(1); or
(ii) request provisional relief under subsection (d)(2).
(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned.
(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (hereafter in this part referred to as the “Trade Representative”), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition.
(5)
(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) **Agreement** — The term “Agreement” means the Agreement on Government Procurement referred to in [section 3511(d)(17) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/17&num=0&edition=prelim), as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.
(2) **Civil aircraft** — The term “civil aircraft and related articles” means—
(A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;
(B) the engines (and parts and components for incorporation therein) of such aircraft;
(C) any other parts, components, and subassemblies for incorporation in such aircraft; and
(D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,
whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).
(3) **Developed countries** — The term “developed countries” means countries so designated by the President.
(4) **Eligible product**
(A) *In general* — The term “eligible product” means, with respect to any foreign country or instrumentality that is—
(i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;
(ii) Mexico, as a party to the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=pre
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions; termination of designation**
(1) For purposes of this chapter—
(A) The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
(B) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(C) The term “HTS” means Harmonized Tariff Schedule of the United States.
(D) The term “USMCA” has the meaning given that term in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
(E) The terms “WTO” and “WTO member” have the meanings given those terms in [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim).
(F) The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.
(2) If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Growth, product, or manufacture of beneficiary countries**
(1) Unless otherwise excluded from eligibility by this chapter, and subject to section 423 of the Tax Reform Act of 1986, and except as provided in subsection (b)(2) and (3), the duty-free treatment provided under this chapter shall apply to any article which is the growth, product, or manufacture of a beneficiary country if—
(A) that article is imported directly from a beneficiary country into the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced in a beneficiary country or two or more beneficiary countries, plus (ii) the direct costs of processing operations performed in a beneficiary country or countries is not less than 35 per centum of the appraised value of such article at the time it is entered.
For purposes of determining the percentage referred to in subparagraph (B), the term “beneficiary country” includes the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 per centum of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this subsection including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this chapter, an article must be wholly the growth, product, or
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preferential treatment**
(1) **In general** — Eligible apparel articles wholly assembled in an eligible country and imported directly from an eligible country shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of fabric in such apparel articles, in accordance with the program established under subsection (b).
(2) **Determination of quantity of SME** — For purposes of determining the quantity of square meter equivalents under paragraph (1), the conversion factors listed in “Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States of America, 2008”, or its successor publications, of the United States Department of Commerce, shall apply.
**(b) Earned import allowance program**
(1) **Establishment** — The Secretary of Commerce shall establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in an eligible country for purposes of subsection (a), based on the elements described in paragraph (2).
(2) **Elements** — The elements referred to in paragraph (1) are the following:
(A) One credit shall be issued to a producer or an entity controlling production for every two square meter equivalents of qualifying fabric that the producer or entity controlling production can demonstrate that it has purchased for the manufacture in an eligible country of articles like or similar to any article eligible for preferential treatment under subsection (a). The Secretary of Commerce shall, if r
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Agreement** — The term “Agreement” means the Dominican Republic-Central America-United States Free Trade Agreement approved by the Congress under [section 4011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4011/a/1&num=0&edition=prelim).
(2) **CAFTA–DR country** — Except as provided in [section 4033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4033&num=0&edition=prelim), the term “CAFTA–DR country” means—
(A) Costa Rica, for such time as the Agreement is in force between the United States and Costa Rica;
(B) the Dominican Republic, for such time as the Agreement is in force between the United States and the Dominican Republic;
(C) El Salvador, for such time as the Agreement is in force between the United States and El Salvador;
(D) Guatemala, for such time as the Agreement is in force between the United States and Guatemala;
(E) Honduras, for such time as the Agreement is in force between the United States and Honduras; and
(F) Nicaragua, for such time as the Agreement is in force between the United States and Nicaragua.
(3) **Commission** — The term “Commission” means the United States International Trade Commission.
(4) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(5) **Textile or apparel good** — The term “textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in [section 3511(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/4&num=0&edition=prelim), other than a good listed in Annex 3.29 of the Agreement.
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