19 U.S.C. § 4035 — Enforcement relating to trade in textile or

Page 1050 TITLE 19—CUSTOMS DUTIES § 4035 retary of the Treasury, that contains sufficient information to enable the Bureau of Customs and Border Protection— (1)(A) to locate the entry; or (B) to reconstruct the entry if it cannot be located; and (2) to determine that the good satisfies the conditions set out in subsection (a). (d) Definition As used in this section, the term ‘‘entry’’ in- cludes a withdrawal from warehouse for con- sumption. (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.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes AMENDMENTS 2006—Subsec. (a)(2). Pub. L. 109–280 inserted ‘‘or any other CAFTA–DR country’’ after ‘‘that country’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- 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. § 4035. Enforcement relating to trade in textile or apparel goods (a) Action during verification (1) In general If the Secretary of the Treasury requests the government of a CAFTA–DR country to con- duct a verification pursuant to article 3.24 of the Agreement for purposes of making a deter- mination under paragraph (2), the President may direct the Secretary to take appropriate action described in subsection (b) while the verification is being conducted. (2) Determination A determination under this paragraph is a determination— (A) that an exporter or producer in that country is complying with applicable cus- toms laws, regulations, and procedures re- garding trade in textile or apparel goods, or (B) that a claim that a textile or apparel good exported or produced by such exporter or producer— (i) qualifies as an originating good under section 4033 of this title, or (ii) is a good of a CAFTA–DR country, is accurate. (b) Appropriate action described Appropriate action under subsection (a)(1) in- cludes— (1) suspension of preferential tariff treat- ment under the Agreement with respect to— (A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regard- ing compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support any claim for preferential tariff treatment that has been made with respect to any such good; or (B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regard- ing a claim described in subsection (a)(2)(B), if the Secretary determines there is insuffi- cient information to support that claim; (2) denial of preferential tariff treatment under the Agreement with respect to— (A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regard- ing compliance described in subsection (a)(2)(A), if the Secretary determines that the person has provided incorrect informa- tion to support any claim for preferential tariff treatment that has been made with re- spect to any such good; or (B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regard- ing a claim described in subsection (a)(2)(B), if the Secretary determines that a person has provided incorrect information to sup- port that claim; (3) detention of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in sub- section (a)(2)(A) or a claim described in sub- section (a)(2)(B), if the Secretary determines there is insufficient information to determine the country of origin of any such good; and (4) denial of entry into the United States of any textile or apparel good exported or pro- duced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that the person has pro- vided incorrect information as to the country of origin of any such good. (c) Action on completion of a verification On completion of a verification under sub- section (a), the President may direct the Sec- retary to take appropriate action described in subsection (d) until such time as the Secretary receives information sufficient to make the de- termination under subsection (a)(2) or until such earlier date as the President may direct. (d) Appropriate action described Appropriate action under subsection (c) in- cludes— Page 1051 TITLE 19—CUSTOMS DUTIES § 4051 1 See References in Text note below. (1) denial of preferential tariff treatment under the Agreement with respect to— (A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regard- ing compliance described in subsection (a)(2)(A), if the Secretary determines there is insufficient information to support, or that the person has provided incorrect infor- mation to support, any claim for pref- erential tariff treatment that has been made with respect to any such good; or (B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regard- ing a claim described in subsection (a)(2)(B), if the Secretary determines there is insuffi- cient information to support, or that a per- son has provided incorrect information to support, that claim; and (2) denial of entry into the United States of any textile or apparel good exported or pro- duced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines there is insufficient in- formation to determine, or that the person has provided incorrect information as to, the country of origin of any such good. (e) Publication of name of person The Secretary may publish the name of any person that the Secretary has determined— (1) is engaged in intentional circumvention of applicable laws, regulations, or procedures affecting trade in textile or apparel goods; or (2) has failed to demonstrate that it pro- duces, or is capable of producing, textile or ap- parel goods. (Pub. L. 109–53, title II, § 209, Aug. 2, 2005, 119 Stat. 486.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- 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. Executive Documents PROC. NO. 7987. TO IMPLEMENT THE DOMINICAN REPUBLIC- CENTRAL AMERICA-UNITED STATES FREE TRADE AGREEMENT Proc. No. 7987, Feb. 28, 2006, 71 F.R. 10829, provided in par. (5) that the Committee for the Implementation of Textile Agreements is authorized to exercise the Presi- dent’s authority under this section to suspend or deny preferential tariff treatment to textile or apparel goods; to detain textile or apparel goods; and to deny entry to textile or apparel goods. § 4036. Regulations The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out— (1) subsections (a) through (n) of section 4033 of this title; (2) the amendment made by section 204; 1 and (3) any proclamation issued under section 4033(o) of this title. (Pub. L. 109–53, title II, § 210, Aug. 2, 2005, 119 Stat. 488.) TERMINATION OF SECTION For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT Section 204, referred to in par. (2), is section 204 of Pub. L. 109–53, which amended section 58c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- 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. SUBCHAPTER III—RELIEF FROM IMPORTS § 4051. Definitions In this subchapter: (1) CAFTA–DR article The term ‘‘CAFTA–DR article’’ means an ar- ticle that qualifies as an originating good under section 4033(b) of this title. (2) CAFTA–DR textile or apparel article The term ‘‘CAFTA–DR textile or apparel ar- ticle’’ means a textile or apparel good (as de- fined in section 4002(5) of this title) that is a CAFTA–DR article. (3) De minimis supplying country (A) Subject to subparagraph (B), the term ‘‘de minimis supplying country’’ means a CAFTA–DR country whose share of imports of the relevant CAFTA–DR article into the United States does not exceed 3 percent of the aggregate volume of imports of the relevant CAFTA–DR article in the most recent 12- month period for which data are available that precedes the filing of the petition under sec- tion 4061(a) of this title. (B) A CAFTA–DR country shall not be con- sidered to be a de minimis supplying country if the aggregate share of imports of the rel- evant CAFTA–DR article into the United States of all CAFTA–DR countries that satisfy