Sec. 207. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS

758 words·~3 min read·/statute-compilations/comps-9623/sec-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 207 ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS ###

(a)Action During Verification ####

(1)In general If the Secretary of the Treasury requests the Government of Korea to conduct a verification pursuant to article 4.3 of the Agreement for purposes of making a determination under paragraph (2), the President may direct the Secretary to take appropriate action described in subsection

(b)while the verification is being conducted. ####

(2)Determination A determination under this paragraph is a determination of the Secretary that— #####

(A)an exporter or producer in Korea is complying with applicable customs laws, regulations, procedures, requirements, and practices affecting trade in textile or apparel goods; or #####

(B)a claim that a textile or apparel good exported or produced by such exporter or producer— ######

(i)qualifies as an originating good under section 202, or ######

(ii)is a good of Korea, is accurate. ###

(b)Appropriate Action Described Appropriate action under subsection (a)(1) includes— ####

(1)suspension of liquidation of the entry of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such goods; and ####

(2)suspension of liquidation of the entry of a textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B). ###

(c)Action When Information Is Insufficient If the Secretary of the Treasury determines that the information obtained within 12 months after making a request for a verification under subsection (a)(1) is insufficient to make a determination under subsection (a)(2), the President may direct the Secretary to take appropriate action described in subsection

(d)until such time as the Secretary receives information sufficient to make the determination under subsection (a)(2) or until such earlier date as the President may direct. ###

(d)Appropriate Action Described Appropriate action under subsection

(c)includes— ####

(1)denial of preferential tariff treatment under the Agreement with respect to— #####

(A)any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or #####

(B)the textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and ####

(2)denial of entry into the United States of— #####

(A)any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or #####

(B)a textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B). ###

(e)Publication of Name of Person In accordance with article 4.3.11 of the Agreement, the Secretary of the Treasury may publish the name of any person that the Secretary has determined— ####

(1)is engaged in circumvention of applicable laws, regulations, or procedures affecting trade in textile or apparel goods; or ####

(2)has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods. ###

(f)Certificate of Eligibility The Commissioner responsible for U.S. Customs and Border Protection of the Department of Homeland Security may require an importer to submit at the time the importer files a claim for preferential tariff treatment under Annex 4-B of the Agreement a certificate of eligibility, properly completed and signed by an authorized official of the Government of Korea. ###

(g)Verifications in the United States If the government of a country that is a party to a free trade agreement with the United States makes a request for a verification pursuant to that agreement, the Secretary of the Treasury may request a verification of the production of any textile or apparel good in order to assist that government in determining whether— ####

(1)a claim of origin under the agreement for a textile or apparel good is accurate; or ####

(2)an exporter, producer, or other enterprise located in the United States involved in the movement of textile or apparel goods from the United States to the territory of the requesting government is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods.