Part B - Textile and Apparel Safeguard Measures

19 USC 4081 - Commencement of action for relief

(a) In general 
A request under this part for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the President by an interested party. Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request.
(b) Publication of request 
If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

19 USC 4082 - Determination and provision of relief

(a) Determination 

(1) In general 
If a positive determination is made under section 4081 (b) of this title, the President shall determine whether, as a result of the elimination of a duty under the Agreement, a CAFTADR textile or apparel article of a specified CAFTADR country 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 domestic industry producing an article that is like, or directly competitive with, the imported article.
(2) Serious damage 
In making a determination under paragraph (1), the President
(A) shall examine the effect of increased imports on the domestic industry, 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) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the Agreement.
(b) Provision of relief 

(1) In general 
If a determination under subsection (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), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.
(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 on like articles at the time the import relief is provided; or
(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.

19 USC 4083 - Period of relief

(a) In general 
Subject to subsection (b), any import relief that the President provides under subsection (b) of section 4082 of this title may not, in the aggregate, be in effect for more than 3 years.
(b) Extension 
If the initial period for any import relief provided under section 4082 of this title is less than 3 years, the President may extend the effective period of any import relief provided under that section, subject to the limitation set forth in subsection (a), if the President determines that
(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
(2) there is evidence that the industry is making a positive adjustment to import competition.

19 USC 4084 - Articles exempt from relief

The President may not provide import relief under this part with respect to any article if
(1) import relief previously has been provided under this part with respect to that article; or
(2) the article is subject to import relief under
(A) part A; or
(B) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].

19 USC 4085 - Rate after termination of import relief

When import relief under this part is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief.

19 USC 4086 - Termination of relief authority

No import relief may be provided under this part with respect to any article after the date that is 5 years after the date on which the Agreement enters into force.

19 USC 4087 - Compensation authority

For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this part shall be treated as action taken under chapter 1 of title II of that Act [19 U.S.C. 2251 et seq.].

19 USC 4088 - Confidential business information

The President may not release information received in connection with a review under this part which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information, it shall also provide a nonconfidential version of the information in which the confidential business information is summarized or, if necessary, deleted.