---
kind: "section"
citation: "19 U.S.C. § 4082"
title: "19"
title_heading: "Customs Duties"
number: "4082"
heading: "Determination and provision of relief"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/4082"
units:
  - "Chapter 26 — Dominican Republic-Central America Free Trade"
  - "Subchapter III — Relief from Imports"
  - "Part B — Textile and Apparel Safeguard Measures"
---

# §4082. Determination and provision of relief

- (a) **Determination—**
  - (1) **In general—** If a positive determination is made under [section 4081(b) of this title](/usc/19/4081.md?p=b), the President shall determine whether, as a result of the elimination of a duty under the [Agreement](/usc/19/4002.md?p=1), a [CAFTA–DR textile or apparel article](/usc/19/4051.md?p=2) of a specified [CAFTA–DR country](/usc/19/4002.md?p=2) is being imported into the [United States](/usc/19/1683.md?p=9) in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic [industry](/usc/19/1677.md?p=4-A) producing an article that is like, or directly competitive with, the imported article.
  - (2) **Serious damage—** In making a determination under [paragraph (1)](#a-1), the President—
    - (A) shall examine the effect of increased imports on the domestic [industry](/usc/19/1677.md?p=4-A), as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
    - (B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
  - (3) **Deadline for determination—** The President shall make the determination under [paragraph (1)](#a-1) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the [Agreement](/usc/19/4002.md?p=1).
- (b) **Provision of relief—**
  - (1) **In general—** If a determination under [subsection (a)](#a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in [paragraph (2)](#b-2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic [industry](/usc/19/1677.md?p=4-A).
  - (2) **Nature of relief—** The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
    - (A) 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
    - (B) 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.

## Source credit

(Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.)

## 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.