View all text of Subchapter II [§ 4031 - § 4036]
§ 4031. Tariff modifications
(a) Tariff modifications provided for in the Agreement
(1) Proclamation authority
The President may proclaim—
(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
(3) Effect on CBERA status
(A) In general
(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 [19 U.S.C. 2702(a)], for purposes of—
(i) sections 1677(7)(G)(ii)(III) and 1677(7)(H) of this title;
(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 title 26.
(b) Other tariff modifications
Subject to the consultation and layover provisions of section 4014 of this title, 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
(Pub. L. 109–53, title II, § 201, Aug. 2, 2005, 119 Stat. 467.)