Title 19 — Customs Duties
Chapter 26 — Dominican Republic-Central America Free Trade
§ 4031. Tariff modifications
Statutory text
Tariff modifications provided for in the Agreement
Proclamation authority
The President may proclaim—
such modifications or continuation of any duty,
such continuation of duty-free or excise treatment, or
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.
Effect on GSP status
Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), 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 et seq.] on the date the Agreement enters into force with respect to that country.
Effect on CBERA status
In general
Notwithstanding section 212(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)), 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 et seq.] on the date the Agreement enters into force with respect to that country.
Exception
Notwithstanding subparagraph (A), each such country shall be considered a beneficiary country under section 212(a) of the Caribbean Basin Economic Recovery Act [19 U.S.C. 2702(a)], for purposes of—
sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this title;
the duty-free treatment provided under paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
Other tariff modifications
Subject to the consultation and layover provisions of section 4014 of this title, the President may proclaim—
such modifications or continuation of any duty,
such modifications as the United States may agree to with a CAFTA–DR country regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,
such continuation of duty-free or excise treatment, or
such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement.
Conversion to ad valorem rates
For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
Pub. L. 109–53 title II § 201 · 119 Stat. 462
Enacted · 19 U.S.C. § 4031
(Pub. L. 109–53, title II, § 201, Aug. 2, 2005, 119 Stat. 467.)
Source evidence
Code source credit
(Pub. L. 109–53, title II, § 201, Aug. 2, 2005, 119 Stat. 467.)Enacted provision · exact public law section
SEC. 201. TARIFF MODIFICATIONS. (a) Tariff Modifications Provided for in the Agreement.— (1) Proclamation authority.— The President may pro- claim— (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)), 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 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)), the President shall terminate the designation of each CAFTA–DR country as a beneficiary country for purposes of that Act 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 Act, for purposes of— (i) sections 771(7)(G)(ii)(III) and 771(7)(H) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and 1677(7)(H)); (ii) the duty-free treatment provided under paragraph 12 of Appendix I of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and (iii) section 274(h)(6)(B) of the Internal Revenue Code of 1986. (b) Other Tariff Modifications.— Subject to the consultation and layover provisions of section 104, the President may proclaim— (1) such modifications or continuation of any duty, (2) such modifications as the United States may agree to with a CAFTA–DR country regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement, (3) such continuation of duty-free or excise treatment, or (4) such additional duties, as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions provided for by the Agreement. (c) Conversion to Ad Valorem Rates.— For purposes of subsections (a) and (b), with respect to any good for which the base rate in the Schedule of the United States to Annex 3.3 of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that the President determines to be equivalent to the base rate.
1 of 1 references resolved to an enrolled provision
Notes
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
The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L. 93–618, , 88 Stat. 1978. Title V of the Act is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(3)(A), is title II of Pub. L. 98–67, , 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates
Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force () 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 respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.