---
kind: "section"
citation: "19 U.S.C. § 4035"
title: "19"
title_heading: "Customs Duties"
number: "4035"
heading: "Enforcement relating to trade in textile or apparel goods"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4035"
units:
  - "Chapter 26 — Dominican Republic-Central America Free Trade"
  - "Subchapter II — Customs Provisions"
---

# §4035. Enforcement relating to trade in textile or apparel goods

- (a) **Action during verification—**
  - (1) **In general—** If the [Secretary](/usc/19/1681.md?p=1) of the Treasury requests the government of a [CAFTA–DR country](/usc/19/4002.md?p=2) to conduct a verification pursuant to article 3.24 of the [Agreement](/usc/19/4002.md?p=1) for purposes of making a determination under [paragraph (2)](#a-2), the President may direct the [Secretary](/usc/19/1681.md?p=1) to take appropriate action described in [subsection (b)](#b) while the verification is being conducted.
  - (2) **Determination—** A determination under this paragraph is a determination—
    - (A) that an [exporter or producer](/usc/19/1677.md?p=28) in that [country](/usc/19/1677.md?p=3) is complying with applicable customs laws, regulations, and procedures regarding trade in [textile or apparel goods](/usc/19/4002.md?p=5), or
    - (B) that a claim that a [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by such [exporter or producer](/usc/19/1677.md?p=28)—
      - (i) qualifies as an originating good under [section 4033 of this title](/usc/19/4033.md), or
      - (ii) is a good of a [CAFTA–DR country](/usc/19/4002.md?p=2),

      is accurate.

- (b) **Appropriate action described—** Appropriate action under [subsection (a)(1)](#a-1) includes—
  - (1) suspension of preferential tariff treatment under the [Agreement](/usc/19/4002.md?p=1) with respect to—
    - (A) any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A), if the [Secretary](/usc/19/1681.md?p=1) 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](/usc/19/4002.md?p=5) for which a claim of preferential tariff treatment has been made that is the subject of a verification under [subsection (a)(1)](#a-1) regarding a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines there is insufficient information to support that claim;
  - (2) denial of preferential tariff treatment under the [Agreement](/usc/19/4002.md?p=1) with respect to—
    - (A) any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A), if the [Secretary](/usc/19/1681.md?p=1) determines that the [person](/usc/19/1683.md?p=8) has provided incorrect 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](/usc/19/4002.md?p=5) for which a claim of preferential tariff treatment has been made that is the subject of a verification under [subsection (a)(1)](#a-1) regarding a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines that a [person](/usc/19/1683.md?p=8) has provided incorrect information to support that claim;
  - (3) detention of any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A) or a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines there is insufficient information to determine the [country](/usc/19/1677.md?p=3) of origin of any such good; and
  - (4) denial of [entry](/usc/19/1677.md?p=23) into the [United States](/usc/19/1683.md?p=9) of any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A) or a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines that the [person](/usc/19/1683.md?p=8) has provided incorrect information as to the [country](/usc/19/1677.md?p=3) of origin of any such good.
- (c) **Action on completion of a verification—** On completion of a verification under [subsection (a)](#a), the President may direct the [Secretary](/usc/19/1681.md?p=1) to take appropriate action described in [subsection (d)](#d) until such time as the [Secretary](/usc/19/1681.md?p=1) receives information sufficient to make the determination under [subsection (a)(2)](#a-2) or until such earlier date as the President may direct.
- (d) **Appropriate action described—** Appropriate action under [subsection (c)](#c) includes—
  - (1) denial of preferential tariff treatment under the [Agreement](/usc/19/4002.md?p=1) with respect to—
    - (A) any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A), if the [Secretary](/usc/19/1681.md?p=1) determines there is insufficient information to support, or that the [person](/usc/19/1683.md?p=8) has provided incorrect 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](/usc/19/4002.md?p=5) for which a claim of preferential tariff treatment has been made that is the subject of a verification under [subsection (a)(1)](#a-1) regarding a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines there is insufficient information to support, or that a [person](/usc/19/1683.md?p=8) has provided incorrect information to support, that claim; and
  - (2) denial of [entry](/usc/19/1677.md?p=23) into the [United States](/usc/19/1683.md?p=9) of any [textile or apparel good](/usc/19/4002.md?p=5) exported or produced by the [person](/usc/19/1683.md?p=8) that is the subject of a verification under [subsection (a)(1)](#a-1) regarding compliance described in [subsection (a)(2)(A)](#a-2-A) or a claim described in [subsection (a)(2)(B)](#a-2-B), if the [Secretary](/usc/19/1681.md?p=1) determines there is insufficient information to determine, or that the [person](/usc/19/1683.md?p=8) has provided incorrect information as to, the [country](/usc/19/1677.md?p=3) of origin of any such good.
- (e) **Publication of name of person—** The [Secretary](/usc/19/1681.md?p=1) may publish the name of any [person](/usc/19/1683.md?p=8) that the [Secretary](/usc/19/1681.md?p=1) has determined—
  - (1) is engaged in intentional circumvention of applicable laws, regulations, or procedures affecting trade in [textile or apparel goods](/usc/19/4002.md?p=5); or
  - (2) has failed to demonstrate that it produces, or is capable of producing, [textile or apparel goods](/usc/19/4002.md?p=5).

## Source credit

(Pub. L. 109–53, title II, § 209, Aug. 2, 2005, 119 Stat. 486.)

## Notes

### 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 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 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.

### 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 President’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.