§ 4034. Retroactive application for certain liquidations and reliquidations of textile or apparel goods

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.

1. 2005

   Dominican Republic-Central America-United States Free Trade Agreement Implementation Act

   Pub. L. 109–53 title II § 205 · 119 Stat. 462

   Enacted · 19 U.S.C. § 4034

   Pub. L. 109–53, title II, § 205, Aug. 2, 2005, 119 Stat. 483

   Source evidence

   Code source credit
   Pub. L. 109–53, title II, § 205, Aug. 2, 2005, 119 Stat. 483

   Enacted provision · exact public law section
   SEC. 205. RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS OF TEXTILE OR APPAREL GOODS. (a) In General.— Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, and subject to subsection (c), an entry— (1) of a textile or apparel good— (A) of a CAFTA–DR country that the United States Trade Representative has designated as an eligible country under subsection (b), and (B) that would have qualified as an originating good under section 203 if the good had been entered after the date of entry into force of the Agreement for that country, (2) that was made on or after January 1, 2004, and before the date of the entry into force of the Agreement with respect to that country, and (3) for which customs duties in excess of the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement were paid, shall be liquidated or reliquidated at the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement, and the Secretary of the Treasury shall refund any excess customs duties paid with respect to such entry. (b) Eligible Country.— The United States Trade Representative shall determine, in accordance with article 3.20 of the Agreement, which CAFTA–DR countries are eligible countries for purposes of this section, and shall publish a list of all such countries in the Federal Register. (c) Requests.— Liquidation or reliquidation may be made under subsection (a) with respect to an entry of a textile or apparel good only if a request therefor is filed with the Bureau of Customs and Border Protection, within such period as the Bureau of Customs and Border Protection shall establish by regulation in consultation with the Secretary 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” includes a withdrawal from warehouse for consumption.

2. 2006

   Miscellaneous Trade and Technical Corrections Act of 2006

   Pub. L. 109–280 title XIV § 1634(d) · 120 Stat. 780

   Inserted · 19 U.S.C. § 4034(a)(2)

   Pub. L. 109–280 inserted “or any other CAFTA–DR country” after “that country”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 109–280 inserted “or any other CAFTA–DR country” after “that country”.

   Enacted provision · exact public law section
   (d) Technical Correction Relating to Co-Production of Certain Textile and Apparel Goods.— Section 205(a)(2) of the Dominican Republic–Central America–United States Free Trade Agreement Implementation Act (19 U.S.C. 4034(a)(2)) is amended by inserting after “with respect to that country” the following: “or any other CAFTA–DR country”.

   Effective date note
   Amendment by Pub. L. 109–280 applicable with respect 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.

2 of 2 references resolved to an enrolled provision