                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
      Part 1--Positive Adjustment by Industries Injured by Imports
 
Sec. 2251. Action to facilitate positive adjustment to import 
        competition
        

(a) Presidential action

    If the United States International Trade Commission (hereinafter 
referred to in this part as the ``Commission'') determines under section 
2252(b) of this title that an article is being imported into the United 
States in such increased quantities as to be a substantial cause of 
serious injury, or the threat thereof, to the domestic industry 
producing an article like or directly competitive with the imported 
article, the President, in accordance with this part, shall take all 
appropriate and feasible action within his power which the President 
determines will facilitate efforts by the domestic industry to make a 
positive adjustment to import competition and provide greater economic 
and social benefits than costs.

(b) Positive adjustment to import competition

    (1) For purposes of this part, a positive adjustment to import 
competition occurs when--
        (A) the domestic industry--
            (i) is able to compete successfully with imports after 
        actions taken under section 2254 of this title terminate, or
            (ii) the domestic industry experiences an orderly transfer 
        of resources to other productive pursuits; and

        (B) dislocated workers in the industry experience an orderly 
    transition to productive pursuits.

    (2) The domestic industry may be considered to have made a positive 
adjustment to import competition even though the industry is not of the 
same size and composition as the industry at the time the investigation 
was initiated under section 2252(b) of this title.

(Pub. L. 93-618, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2011; Pub. 
L. 96-39, title I, Sec. 106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L. 
98-573, title II, Sec. 249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100-
418, title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat. 1225.)


                               Amendments

    1988--Pub. L. 100-418, in amending section generally, substituted 
provisions relating to action to facilitate positive adjustment to 
import competition for provisions relating to investigation by 
International Trade Commission. See section 2252 of this title.
    1984--Subsec. (b)(2)(B). Pub. L. 98-573, Sec. 249(1)(A), substituted 
``inventory (whether maintained by domestic producers, importers, 
wholesalers, or retailers), and'' for ``inventory, and''.
    Subsec. (b)(2)(D). Pub. L. 98-573, Sec. 249(1)(B)-(D), added subpar. 
(D).
    Subsec. (b)(7). Pub. L. 98-573, Sec. 249(2), added par. (7).
    1979--Subsec. (b)(6). Pub. L. 96-39 substituted ``subtitles A and B 
of title VII or section 337 of the Tariff Act of 1930'' for ``the 
Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930''.


                    Effective Date of 1988 Amendment

    Section 1401(c) of Pub. L. 100-418 provided that: ``The amendments 
made by subsections (a) and (b) [enacting section 2254 of this title and 
amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this 
title and provisions set out as a note under section 2112 of this title] 
shall take effect on the date of the enactment of this Act [Aug. 23, 
1988] and shall apply with respect to investigations initiated under 
chapter 1 of title II of the Trade Act of 1974 [this part] on or after 
that date. Any petition filed under section 201 of such chapter [19 
U.S.C. 2251] before such date of enactment, and with respect to which 
the United States International Trade Commission did not make a finding 
before such date with respect to serious injury or the threat thereof, 
may be withdrawn and refiled, without prejudice, by the petitioner under 
section 202(a) of such chapter [19 U.S.C. 2252(a)] (as amended by this 
section).''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30, 
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note under 
section 1304 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section 107 
of Pub. L. 96-39, set out as an Effective Date note under section 1671 
of this title.


Term ``Industry'' To Include Producers Located in United States Insular 
                               Possessions

    Pub. L. 98-67, title II, Sec. 214(f), Aug. 5, 1983, 97 Stat. 393, 
provided that: ``For purposes of chapter 1 of title II of the Trade Act 
of 1974 [this part], the term `industry' shall include producers located 
in the United States insular possessions.''

  Ex. Ord. No. 11913. Collection of Information for Import Relief and 
                          Adjustment Assistance

    Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, including Section 332(g) of 
the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President 
of the United States of America, in order to reduce the reporting burden 
with respect to the collection of information pursuant to Title II of 
the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and 
consistent with Chapter 35 of Title 44 of the United States Code, it is 
hereby ordered as follows:
    Section 1. Whenever the United States International Trade 
Commission, in connection with investigations pursuant to Section 201 of 
the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms 
on their sales, production, employment, and financial experience, the 
Commission shall provide such information to the Secretaries of Commerce 
and Labor.
    Sec. 2. The Secretaries of Commerce and Labor shall ensure that the 
factual data, received pursuant to Section 1, are used solely for the 
performance of their functions pursuant to Sections 264 and 224, 
respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274).
                                                         Gerald R. Ford.

                  Section Referred to in Other Sections

    This section is referred to in sections 1330, 1872, 2252, 2436, 
2703, 3203 of this title; title 42 section 2210b.
