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2026-07-06 10:51:44 -04:00

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LegalText 19 U.S.C. § 4034 Retroactive application for certain liquidations and reliquidations of textile or apparel goods us united_states_code code_section 19 CUSTOMS DUTIES 26 DOMINICAN REPUBLIC-CENTRAL AMERICA FREE TRADE 4034 19 U.S.C. § 4034 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc19@119-100.zip /us/usc/t19/s4034 data/legal/raw/us/code/title-19/usc19.xml b559851a25363a773b637ea304bf5c319d7bd2ef21fa82273ee8bce7a7b6ce77 c90da65eeb9b6895d254e48af923eedc3b1275c7e88d986eb56f934bfcdfdf5c 85f3617a2cb7f2b4c142fa2ff54e2273119b6bca7d529a895864a2c9489cfb36 2026-07-04 official
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19 U.S.C. § 4034 - Retroactive application for certain liquidations and reliquidations of textile or apparel goods

Text

(a) In general Notwithstanding section 1514 of this title or any other provision of law, and subject to subsection (c), an entry—

(1) of a textile or apparel good—

(A) of a CAFTADR 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 4033 of this title 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 or any other CAFTADR 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 CAFTADR 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.

(Pub. L. 10953, title II, § 205, Aug. 2, 2005, 119 Stat. 483; Pub. L. 109280, title XIV, § 1634(d), Aug. 17, 2006, 120 Stat. 1168.)

Notes

Termination of SectionFor termination of section by section 107(d) of Pub. L. 10953, see Effective and Termination Dates note below.

Editorial Notes

Amendments2006—Subsec. (a)(2). Pub. L. 109280 inserted “or any other CAFTADR country” after “that country”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 AmendmentAmendment by Pub. L. 109280 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. 109280, set out as a note under section 58c of this title.

Effective and Termination DatesSection effective on the date the Dominican Republic-Central America-United States Free Trade Agreement 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 CAFTADR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 10953, set out as a note under section 4001 of this title.