---
kind: "section"
citation: "19 U.S.C. § 4063"
title: "19"
title_heading: "Customs Duties"
number: "4063"
heading: "Provision of relief"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4063"
units:
  - "Chapter 26 — Dominican Republic-Central America Free Trade"
  - "Subchapter III — Relief from Imports"
  - "Part A — Relief From Imports Benefiting From the Agreement"
---

# §4063. Provision of relief

- (a) **In general—** Not later than the date that is 30 days after the date on which the President receives the report of the [Commission](/usc/19/4002.md?p=3) in which the [Commission](/usc/19/4002.md?p=3)’s determination under [section 4062(a) of this title](/usc/19/4062.md?p=a) is affirmative, or which contains a determination under [section 4062(a) of this title](/usc/19/4062.md?p=a) that the President considers to be affirmative under paragraph (1) of [section 1330(d) of this title](/usc/19/1330.md?p=d), the President, subject to [subsection (b)](#b), shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to remedy or prevent the injury found by the [Commission](/usc/19/4002.md?p=3) and to facilitate the efforts of the domestic [industry](/usc/19/1677.md?p=4-A) to make a positive adjustment to import competition.
- (b) **Exception—** The President is not required to provide import relief under this section if the President determines that the provision of the import relief will not provide greater economic and social benefits than costs.
- (c) **Nature of relief—**
  - (1) **In general—** The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:
    - (A) The suspension of any further reduction provided for under Annex 3.3 of the [Agreement](/usc/19/4002.md?p=1) in the duty imposed on such article.
    - (B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
      - (i) the column 1 general rate of duty imposed under the [HTS](/usc/19/4002.md?p=4) on like articles at the time the import relief is provided; or
      - (ii) the column 1 general rate of duty imposed under the [HTS](/usc/19/4002.md?p=4) on like articles on the day before the date on which the [Agreement](/usc/19/4002.md?p=1) enters into force.
  - (2) **Progressive liberalization—** If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.3 of the [Agreement](/usc/19/4002.md?p=1)) of such relief at regular intervals during the period of its application.
- (d) **Period of relief—**
  - (1) **In general—** Subject to [paragraph (2)](#d-2), any import relief that the President is authorized to provide under this section may not, in the aggregate, be in effect for more than 4 years.
  - (2) **Extension—**
    - (A) **In general—** If the initial period for any import relief provided under this section is less than 4 years, the President, after receiving a determination from the [Commission](/usc/19/4002.md?p=3) under [subparagraph (B)](#d-2-B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of [section 1330(d) of this title](/usc/19/1330.md?p=d), may extend the effective period of any import relief provided under this section, subject to the limitation under [paragraph (1)](#d-1), if the President determines that—
      - (i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic [industry](/usc/19/1677.md?p=4-A) to import competition; and
      - (ii) there is evidence that the [industry](/usc/19/1677.md?p=4-A) is making a positive adjustment to import competition.
    - (B) **Action by Commission—**
      - (i) Upon a petition on behalf of the [industry](/usc/19/1677.md?p=4-A) concerned that is filed with the [Commission](/usc/19/4002.md?p=3) not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date on which any action taken under [subsection (a)](#a) is to terminate, the [Commission](/usc/19/4002.md?p=3) shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the [industry](/usc/19/1677.md?p=4-A) is making a positive adjustment to import competition.
      - (ii) The [Commission](/usc/19/4002.md?p=3) shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the [Commission](/usc/19/4002.md?p=3) shall afford [interested parties](/usc/19/1677.md?p=9) and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
      - (iii) The [Commission](/usc/19/4002.md?p=3) shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under [subsection (a)](#a) is to terminate, unless the President specifies a different date.
- (e) **Rate after termination of import relief—** When import relief under this section is terminated with respect to an article—
  - (1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the [United States](/usc/19/1683.md?p=9) to Annex 3.3 of the [Agreement](/usc/19/4002.md?p=1) would have been in effect 1 year after the provision of relief under [subsection (a)](#a); and
  - (2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—
    - (A) the applicable rate of duty for that article set out in the Schedule of the [United States](/usc/19/1683.md?p=9) to Annex 3.3 of the [Agreement](/usc/19/4002.md?p=1); or
    - (B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the [United States](/usc/19/1683.md?p=9) to Annex 3.3 of the [Agreement](/usc/19/4002.md?p=1) for the elimination of the tariff.
- (f) **Articles exempt from relief—** No import relief may be provided under this section on—
  - (1) any article subject to import relief under [chapter 1](/usc/19/chch1.md) of title II of the Trade Act of 1974 ([19 U.S.C. 2251](/usc/19/2251.md) et seq.); or
  - (2) imports of a [CAFTA–DR article](/usc/19/4051.md?p=1) of a [CAFTA–DR country](/usc/19/4002.md?p=2) that is a [de minimis supplying country](/usc/19/4051.md?p=3-A) with respect to that article.

## Source credit

(Pub. L. 109–53, title III, § 313, Aug. 2, 2005, 119 Stat. 490.)

## 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

The Trade Act of 1974, referred to in subsec. (f)(1), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and 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.