---
kind: "section"
citation: "19 U.S.C. § 4062"
title: "19"
title_heading: "Customs Duties"
number: "4062"
heading: "Commission action on petition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4062"
units:
  - "Chapter 26 — Dominican Republic-Central America Free Trade"
  - "Subchapter III — Relief from Imports"
  - "Part A — Relief From Imports Benefiting From the Agreement"
---

# §4062. Commission action on petition

- (a) **Determination—** Not later than 120 days after the date on which an investigation is initiated under [section 4061(b) of this title](/usc/19/4061.md?p=b) with respect to a petition, the [Commission](/usc/19/4002.md?p=3) shall make the determination required under that section. At that time, the [Commission](/usc/19/4002.md?p=3) shall also determine whether any [CAFTA–DR country](/usc/19/4002.md?p=2) is a [de minimis supplying country](/usc/19/4051.md?p=3-A).
- (b) **Applicable provisions—** For purposes of this part, the provisions of paragraphs (1), (2), and (3) of [section 1330(d) of this title](/usc/19/1330.md?p=d) shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under [section 2252 of this title](/usc/19/2252.md).
- (c) **Additional finding and recommendation if determination affirmative—** If the determination made by the [Commission](/usc/19/4002.md?p=3) under [subsection (a)](#a) with respect to imports of an article is affirmative, or if the President may consider a determination of the [Commission](/usc/19/4002.md?p=3) to be an affirmative determination as provided for under paragraph (1) of [section 1330(d) of this title](/usc/19/1330.md?p=d), the [Commission](/usc/19/4002.md?p=3) shall find, and recommend to the President in the report required under [subsection (d)](#d), the amount of import relief that is necessary to remedy or prevent the injury found by the [Commission](/usc/19/4002.md?p=3) in the determination and to facilitate the efforts of the domestic [industry](/usc/19/1677.md?p=4-A) to make a positive adjustment to import competition. The import relief recommended by the [Commission](/usc/19/4002.md?p=3) under this subsection shall be limited to the relief described in [section 4063(c) of this title](/usc/19/4063.md?p=c). Only those members of the [Commission](/usc/19/4002.md?p=3) who voted in the affirmative under [subsection (a)](#a) are eligible to vote on the proposed action to remedy or prevent the injury found by the [Commission](/usc/19/4002.md?p=3). Members of the [Commission](/usc/19/4002.md?p=3) who did not vote in the affirmative may submit, in the report required under [subsection (d)](#d), separate views regarding what action, if any, should be taken to remedy or prevent the injury.
- (d) **Report to President—** Not later than the date that is 30 days after the date on which a determination is made under [subsection (a)](#a) with respect to an investigation, the [Commission](/usc/19/4002.md?p=3) shall submit to the President a report that includes—
  - (1) the determination made under [subsection (a)](#a) and an explanation of the basis for the determination;
  - (2) if the determination under [subsection (a)](#a) is affirmative, any findings and recommendations for import relief made under [subsection (c)](#c) and an explanation of the basis for each recommendation; and
  - (3) any dissenting or separate views by members of the [Commission](/usc/19/4002.md?p=3) regarding the determination and recommendation referred to in paragraphs [(1)](#d-1) and [(2)](#d-2).
- (e) **Public notice—** Upon submitting a report to the President under [subsection (d)](#d), the [Commission](/usc/19/4002.md?p=3) shall promptly make public such report (with the exception of information which the [Commission](/usc/19/4002.md?p=3) determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.

## Source credit

(Pub. L. 109–53, title III, § 312, Aug. 2, 2005, 119 Stat. 489.)

## 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

This part, referred to in subsec. (b), was in the original “this subtitle”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted this part and amended section 2252 of this title. For complete classification of subtitle A to the Code, see 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 (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.