Title III, Subtitle B, Section 321
through Section 328 of the US-Colombia Trade Promotion Agreement
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 entered 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 entered 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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