Title III, Subtitle B, Section 321 through Section 328 of the Implementation Act implements the textile and apparel safeguard provisions, provided for in Article 3.1 of the US-Colombia TPA. The safeguard mechanism applies when, as a result of the elimination of duties under the US-Colombia TPA, a Colombian textile or apparel article benefiting from preferential tariff treatment is being imported into the United States 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 U.S. industry producing a like or directly competitive article. In these circumstances, Section 322 of the Implementation Act permits the United States to increase duties on the imported article from Colombia to a level that does not exceed the lesser of the prevailing U.S. most-favored-nation (MFN) duty rate for the article or the U.S. MFN duty rate in effect on the day before the US-Colombia TPA enters into force.
The import tariff relief is effective beginning on the date that CITA determines that a "Colombian textile or apparel article," as defined in Section 301(2) of the Implementation Act, is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions that imports of the article cause serious damage, or actual threat thereof, to a U.S. industry producing an article that is like, or directly competitive with, the imported article. Consistent with Section 323(a) of the Implementation Act, the maximum period of import tariff relief, as set forth in Section 3 of this notice, shall be two years. However, consistent with Section 323(b) of the Implementation Act, CITA may extend the period of import relief for a period of not more than 1 year if CITA determines that the continuation is necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition, and that there is evidence that the domestic industry is making a positive adjustment to import competition. Import tariff relief may not be applied to the same article at the same time under these procedures if relief previously has been granted with respect to that article under: (1) these procedures; (2) Subtitle A to Title III of the Implementation Act; or (3) Chapter 1 of Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
Authority to provide import tariff relief with respect to a Colombian textile or apparel article will expire five years after the date on which the US-Colombia TPA enters into force.
Under Article 3.1.7 of the US-Colombia TPA, if the United States provides relief to a domestic industry under the textile and apparel safeguard, it must provide Colombia "mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the textile safeguard measure." Such concessions shall be limited to textile and apparel products, unless the United States and Colombia agree otherwise. Under Article 3.1.8 of the US-Colombia TPA, if the United States and Colombia are unable to agree on trade liberalizing compensation, Colombia may increase customs duties equivalently on U.S. products. The obligation to provide compensation terminates upon termination of the safeguard relief. Section 327 of the Implementation Act extends the President's authority to provide compensation under Section 123 of the Trade Act of 1974 (19 U.S.C. 2133), as amended, to measures taken pursuant to the US-Colombia TPA's textile and apparel safeguard provisions.
PL:
Pub.L. 112 - 42 321-328
Name of Law: United States-Colombia Trade Promotion Agreement Implementation Act
PL: Pub.L. 112 - 42 321-328 Name of Law: United States-Colombia Trade Promotion Agreement Implementation Act
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0625.Colombia TPA Textile Safeguard Provisions.Supp Stmnt.081712.doc
Requirements to Submit Comments on a Pending Textile and Apparel Safeguard Action