Page:United States Statutes at Large Volume 119.djvu/501

 PUBLIC LAW 109–53—AUG. 2, 2005

119 STAT. 483

the President makes a determination under subparagraph (C) (ii) or (vi) or (E)(iii). SEC. 204. CUSTOMS USER FEES.

Section 13031(b) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after paragraph (14), the following: ‘‘(15) No fee may be charged under subsection (a) (9) or (10) with respect to goods that qualify as originating goods under section 203 of the Dominican Republic-Central AmericaUnited States Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.’’. SEC. 205. RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS OF TEXTILE OR APPAREL GOODS.

(a) IN GENERAL.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, and subject to subsection (c), an entry— (1) of a textile or apparel good— (A) of a CAFTA–DR country that the United States Trade Representative has designated as an eligible country under subsection (b), and (B) that would have qualified as an originating good under section 203 if the good had been entered after the date of entry into force of the Agreement for that country, (2) that was made on or after January 1, 2004, and before the date of the entry into force of the Agreement with respect to that country, and (3) for which customs duties in excess of the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement were paid, shall be liquidated or reliquidated at the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement, and the Secretary of the Treasury shall refund any excess customs duties paid with respect to such entry. (b) ELIGIBLE COUNTRY.—The United States Trade Representative shall determine, in accordance with article 3.20 of the Agreement, which CAFTA–DR countries are eligible countries for purposes of this section, and shall publish a list of all such countries in the Federal Register. (c) REQUESTS.—Liquidation or reliquidation may be made under subsection (a) with respect to an entry of a textile or apparel good only if a request therefor is filed with the Bureau of Customs and Border Protection, within such period as the Bureau of Customs and Border Protection shall establish by regulation in consultation with the Secretary of the Treasury, that contains sufficient information to enable the Bureau of Customs and Border Protection— (1)(A) to locate the entry; or (B) to reconstruct the entry if it cannot be located; and (2) to determine that the good satisfies the conditions set out in subsection (a). (d) DEFINITION.—As used in this section, the term ‘‘entry’’ includes a withdrawal from warehouse for consumption.

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19 USC 4034.

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