 
                      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. 2252. Investigations, determinations, and recommendations 
        by Commission
        

(a) Petitions and adjustment plans

    (1) A petition requesting action under this part for the purpose of 
facilitating positive adjustment to import competition may be filed with 
the Commission by an entity, including a trade association, firm, 
certified or recognized union, or group of workers, which is 
representative of an industry.
    (2) A petition under paragraph (1)--
        (A) shall include a statement describing the specific purposes 
    for which action is being sought, which may include facilitating the 
    orderly transfer of resources to more productive pursuits, enhancing 
    competitiveness, or other means of adjustment to new conditions of 
    competition; and
        (B) may--
            (i) subject to subsection (d)(1)(C)(i) of this section, 
        request provisional relief under subsection (d)(1) of this 
        section; or
            (ii) request provisional relief under subsection (d)(2) of 
        this section.

    (3) Whenever a petition is filed under paragraph (1), the Commission 
shall promptly transmit copies of the petition to the Office of the 
United States Trade Representative and other Federal agencies directly 
concerned.
    (4) A petitioner under paragraph (1) may submit to the Commission 
and the United States Trade Representative (hereafter in this part 
referred to as the ``Trade Representative''), either with the petition, 
or at any time within 120 days after the date of filing of the petition, 
a plan to facilitate positive adjustment to import competition.
    (5)(A) Before submitting an adjustment plan under paragraph (4), the 
petitioner and other entities referred to in paragraph (1) that wish to 
participate may consult with the Trade Representative and the officers 
and employees of any Federal agency that is considered appropriate by 
the Trade Representative, for purposes of evaluating the adequacy of the 
proposals being considered for inclusion in the plan in relation to 
specific actions that may be taken under this part.
    (B) A request for any consultation under subparagraph (A) must be 
made to the Trade Representative. Upon receiving such a request, the 
Trade Representative shall confer with the petitioner and provide such 
assistance, including publication of appropriate notice in the Federal 
Register, as may be practicable in obtaining other participants in the 
consultation. No consultation may occur under subparagraph (A) unless 
the Trade Representative, or his delegate, is in attendance.
    (6)(A) In the course of any investigation under subsection (b) of 
this section, the Commission shall seek information (on a confidential 
basis, to the extent appropriate) on actions being taken, or planned to 
be taken, or both, by firms and workers in the industry to make a 
positive adjustment to import competition.
    (B) Regardless whether an adjustment plan is submitted under 
paragraph (4) by the petitioner, if the Commission makes an affirmative 
determination under subsection (b) of this section, any--
        (i) firm in the domestic industry;
        (ii) certified or recognized union or group of workers in the 
    domestic industry;
        (iii) State or local community;
        (iv) trade association representing the domestic industry; or
        (v) any other person or group of persons,

may, individually, submit to the Commission commitments regarding 
actions such persons and entities intend to take to facilitate positive 
adjustment to import competition.
    (7) Nothing in paragraphs (5) and (6) may be construed to provide 
immunity under the antitrust laws.
    (8) The procedures concerning the release of confidential business 
information set forth in section 332(g) of the Tariff Act of 1930 [19 
U.S.C. 1332(g)] shall apply with respect to information received by the 
Commission in the course of investigations conducted under this part and 
part 1 of title III of the North American Free Trade Agreement 
Implementation Act [19 U.S.C. 3351 et seq.]. The Commission may request 
that parties providing confidential business information furnish 
nonconfidential summaries thereof or, if such parties indicate that the 
information in the submission cannot be summarized, the reasons why a 
summary cannot be provided. If the Commission finds that a request for 
confidentiality is not warranted and if the party concerned is either 
unwilling to make the information public or to authorize its disclosure 
in generalized or summarized form, the Commission may disregard the 
submission.

(b) Investigations and determinations by Commission

    (1)(A) Upon the filing of a petition under subsection (a) of this 
section, the request of the President or the Trade Representative, the 
resolution of either the Committee on Ways and Means of the House of 
Representatives or the Committee on Finance of the Senate, or on its own 
motion, the Commission shall promptly make an investigation to determine 
whether 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.
    (B) For purposes of this section, the term ``substantial cause'' 
means a cause which is important and not less than any other cause.
    (2)(A) Except as provided in subparagraph (B), the Commission shall 
make the determination under paragraph (1) within 120 days (180 days if 
the petition alleges that critical circumstances exist) after the date 
on which the petition is filed, the request or resolution is received, 
or the motion is adopted, as the case may be.
    (B) If before the 100th day after a petition is filed under 
subsection (a)(1) of this section the Commission determines that the 
investigation is extraordinarily complicated, the Commission shall make 
the determination under paragraph (1) within 150 days (210 days if the 
petition alleges that critical circumstances exist) after the date 
referred to in subparagraph (A).
    (3) The Commission shall publish notice of the commencement of any 
proceeding under this subsection in the Federal Register and shall, 
within a reasonable time thereafter, hold public hearings at which the 
Commission shall afford interested parties and consumers an opportunity 
to be present, to present evidence, to comment on the adjustment plan, 
if any, submitted under subsection (a) of this section, to respond to 
the presentations of other parties and consumers, and otherwise to be 
heard.

(c) Factors applied in making determinations

    (1) In making determinations under subsection (b) of this section, 
the Commission shall take into account all economic factors which it 
considers relevant, including (but not limited to)--
        (A) with respect to serious injury--
            (i) the significant idling of productive facilities in the 
        domestic industry,
            (ii) the inability of a significant number of firms to carry 
        out domestic production operations at a reasonable level of 
        profit, and
            (iii) significant unemployment or underemployment within the 
        domestic industry;

        (B) with respect to threat of serious injury--
            (i) a decline in sales or market share, a higher and growing 
        inventory (whether maintained by domestic producers, importers, 
        wholesalers, or retailers), and a downward trend in production, 
        profits, wages, productivity, or employment (or increasing 
        underemployment) in the domestic industry,
            (ii) the extent to which firms in the domestic industry are 
        unable to generate adequate capital to finance the modernization 
        of their domestic plants and equipment, or are unable to 
        maintain existing levels of expenditures for research and 
        development,
            (iii) the extent to which the United States market is the 
        focal point for the diversion of exports of the article 
        concerned by reason of restraints on exports of such article to, 
        or on imports of such article into, third country markets; and

        (C) with respect to substantial cause, an increase in imports 
    (either actual or relative to domestic production) and a decline in 
    the proportion of the domestic market supplied by domestic 
    producers.

    (2) In making determinations under subsection (b) of this section, 
the Commission shall--
        (A) consider the condition of the domestic industry over the 
    course of the relevant business cycle, but may not aggregate the 
    causes of declining demand associated with a recession or economic 
    downturn in the United States economy into a single cause of serious 
    injury or threat of injury; and
        (B) examine factors other than imports which may be a cause of 
    serious injury, or threat of serious injury, to the domestic 
    industry.

The Commission shall include the results of its examination under 
subparagraph (B) in the report submitted by the Commission to the 
President under subsection (e) of this section.
    (3) The presence or absence of any factor which the Commission is 
required to evaluate in subparagraphs (A) and (B) of paragraph (1) is 
not necessarily dispositive of whether 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.
    (4) For purposes of subsection (b) of this section, in determining 
the domestic industry producing an article like or directly competitive 
with an imported article, the Commission--
        (A) to the extent information is available, shall, in the case 
    of a domestic producer which also imports, treat as part of such 
    domestic industry only its domestic production;
        (B) may, in the case of a domestic producer which produces more 
    than one article, treat as part of such domestic industry only that 
    portion or subdivision of the producer which produces the like or 
    directly competitive article; and
        (C) may, in the case of one or more domestic producers which 
    produce a like or directly competitive article in a major geographic 
    area of the United States and whose production facilities in such 
    area for such article constitute a substantial portion of the 
    domestic industry in the United States and primarily serve the 
    market in such area, and where the imports are concentrated in such 
    area, treat as such domestic industry only that segment of the 
    production located in such area.

    (5) In the course of any proceeding under this subsection, the 
Commission shall investigate any factor which in its judgment may be 
contributing to increased imports of the article under investigation. 
Whenever in the course of its investigation the Commission has reason to 
believe that the increased imports are attributable in part to 
circumstances which come within the purview of subtitles A and B of 
title VII [19 U.S.C. 1671 et seq., 1673 et seq.] or section 337 [19 
U.S.C. 1337] of the Tariff Act of 1930, or other remedial provisions of 
law, the Commission shall promptly notify the appropriate agency so that 
such action may be taken as is otherwise authorized by such provisions 
of law.
    (6) For purposes of this section:
        (A)(i) The term ``domestic industry'' means, with respect to an 
    article, the producers as a whole of the like or directly 
    competitive article or those producers whose collective production 
    of the like or directly competitive article constitutes a major 
    proportion of the total domestic production of such article.
        (ii) The term ``domestic industry'' includes producers located 
    in the United States insular possessions.
        (B) The term ``significant idling of productive facilities'' 
    includes the closing of plants or the underutilization of production 
    capacity.
        (C) The term ``serious injury'' means a significant overall 
    impairment in the position of a domestic industry.
        (D) The term ``threat of serious injury'' means serious injury 
    that is clearly imminent.

(d) Provisional relief

    (1)(A) An entity representing a domestic industry that produces a 
perishable agricultural product or citrus product that is like or 
directly competitive with an imported perishable agricultural product or 
citrus product may file a request with the Trade Representative for the 
monitoring of imports of that product under subparagraph (B). Within 21 
days after receiving the request, the Trade Representative shall 
determine if--
        (i) the imported product is a perishable agricultural product or 
    citrus product; and
        (ii) there is a reasonable indication that such product is being 
    imported into the United States in such increased quantities as to 
    be, or likely to be, a substantial cause of serious injury, or the 
    threat thereof, to such domestic industry.

    (B) If the determinations under subparagraph (A)(i) and (ii) are 
affirmative, the Trade Representative shall request, under section 
332(g) of the Tariff Act of 1930 [19 U.S.C. 1332(g)], the Commission to 
monitor and investigate the imports concerned for a period not to exceed 
2 years. The monitoring and investigation may include the collection and 
analysis of information that would expedite an investigation under 
subsection (b) of this section.
    (C) If a petition filed under subsection (a) of this section--
        (i) alleges injury from imports of a perishable agricultural 
    product or citrus product that has been, on the date the allegation 
    is included in the petition, subject to monitoring by the Commission 
    under subparagraph (B) for not less than 90 days; and
        (ii) requests that provisional relief be provided under this 
    subsection with respect to such imports;

the Commission shall, not later than the 21st day after the day on which 
the request was filed, make a determination, on the basis of available 
information, whether increased imports (either actual or relative to 
domestic production) of the perishable agricultural product or citrus 
product are a substantial cause of serious injury, or the threat 
thereof, to the domestic industry producing a like or directly 
competitive perishable product or citrus product, and whether either--
        (I) the serious injury is likely to be difficult to repair by 
    reason of perishability of the like or directly competitive 
    agricultural product; or
        (II) the serious injury cannot be timely prevented through 
    investigation under subsection (b) of this section and action under 
    section 2253 of this title.

    (D) At the request of the Commission, the Secretary of Agriculture 
shall promptly provide to the Commission any relevant information that 
the Department of Agriculture may have for purposes of making 
determinations and findings under this subsection.
    (E) Whenever the Commission makes an affirmative preliminary 
determination under subparagraph (C), the Commission shall find the 
amount or extent of provisional relief that is necessary to prevent or 
remedy the serious injury. In carrying out this subparagraph, the 
Commission shall give preference to increasing or imposing a duty on 
imports, if such form of relief is feasible and would prevent or remedy 
the serious injury.
    (F) The Commission shall immediately report to the President its 
determination under subparagraph (C) and, if the determination is 
affirmative, the finding under subparagraph (E).
    (G) Within 7 days after receiving a report from the Commission under 
subparagraph (F) containing an affirmative determination, the President, 
if he considers provisional relief to be warranted and after taking into 
account the finding of the Commission under subparagraph (E), shall 
proclaim such provisional relief that the President considers necessary 
to prevent or remedy the serious injury.
    (2)(A) When a petition filed under subsection (a) of this section 
alleges that critical circumstances exist and requests that provisional 
relief be provided under this subsection with respect to imports of the 
article identified in the petition, the Commission shall, not later than 
60 days after the petition containing the request was filed, determine, 
on the basis of available information, whether--
        (i) there is clear evidence that increased imports (either 
    actual or relative to domestic production) of the article are 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; and
        (ii) delay in taking action under this part would cause damage 
    to that industry that would be difficult to repair.

    (B) If the determinations under subparagraph (A)(i) and (ii) are 
affirmative, the Commission shall find the amount or extent of 
provisional relief that is necessary to prevent or remedy the serious 
injury. In carrying out this subparagraph, the Commission shall give 
preference to increasing or imposing a duty on imports, if such form of 
relief is feasible and would prevent or remedy the serious injury.
    (C) The Commission shall immediately report to the President its 
determinations under subparagraph (A)(i) and (ii) and, if the 
determinations are affirmative, the finding under subparagraph (B).
    (D) Within 30 days after receiving a report from the Commission 
under subparagraph (C) containing an affirmative determination under 
subparagraph (A)(i) and (ii), the President, if he considers provisional 
relief to be warranted and after taking into account the finding of the 
Commission under subparagraph (B), shall proclaim, for a period not to 
exceed 200 days, such provisional relief that the President considers 
necessary to prevent or remedy the serious injury. Such relief shall 
take the form of an increase in, or the imposition of, a duty on 
imports, if such form of relief is feasible and would prevent or remedy 
the serious injury.
    (3) If provisional relief is proclaimed under paragraph (1)(G) or 
(2)(D) in the form of an increase, or the imposition of, a duty, the 
President shall order the suspension of liquidation of all imported 
articles subject to the affirmative determination under paragraph (1)(C) 
or paragraph (2)(A), as the case may be, that are entered, or withdrawn 
from warehouse for consumption, on or after the date of the 
determination.
    (4)(A) Any provisional relief implemented under this subsection with 
respect to an imported article shall terminate on the day on which--
        (i) if such relief was proclaimed under paragraph (1)(G) or 
    (2)(D), the Commission makes a negative determination under 
    subsection (b) of this section regarding injury or the threat 
    thereof by imports of such article;
        (ii) action described in section 2253(a)(3)(A) or (C) of this 
    title takes effect under section 2253 of this title with respect to 
    such article;
        (iii) a decision by the President not to take any action under 
    section 2253(a) of this title with respect to such article becomes 
    final; or
        (iv) whenever the President determines that, because of changed 
    circumstances, such relief is no longer warranted.

    (B) Any suspension of liquidation ordered under paragraph (3) with 
respect to an imported article shall terminate on the day on which 
provisional relief is terminated under subparagraph (A) with respect to 
the article.
    (C) If an increase in, or the imposition of, a duty that is 
proclaimed under section 2253 of this title on an imported article is 
different from a duty increase or imposition that was proclaimed for 
such an article under this section, then the entry of any such article 
for which liquidation was suspended under paragraph (3) shall be 
liquidated at whichever of such rates of duty is lower.
    (D) If provisional relief in the form of an increase in, or the 
imposition of, a duty is proclaimed under this section with respect to 
an imported article and neither a duty increase nor a duty imposition is 
proclaimed under section 2253 of this title regarding such article, the 
entry of any such article for which liquidation was suspended under 
paragraph (3) may be liquidated at the rate of duty that applied before 
provisional relief was provided.
    (5) For purposes of this subsection:
        (A) The term ``citrus product'' means any processed oranges or 
    grapefruit, or any orange or grapefruit juice, including 
    concentrate.
        (B) A perishable agricultural product is any agricultural 
    article, including livestock, regarding which the Trade 
    Representative considers action under this section to be appropriate 
    after taking into account--
            (i) whether the article has--
                (I) a short shelf life,
                (II) a short growing season, or
                (III) a short marketing period,

            (ii) whether the article is treated as a perishable product 
        under any other Federal law or regulation; and
            (iii) any other factor considered appropriate by the Trade 
        Representative.

    The presence or absence of any factor which the Trade Representative 
    is required to take into account under clause (i), (ii), or (iii) is 
    not necessarily dispositive of whether an article is a perishable 
    agricultural product.
        (C) The term ``provisional relief'' means--
            (i) any increase in, or imposition of, any duty;
            (ii) any modification or imposition of any quantitative 
        restriction on the importation of an article into the United 
        States; or
            (iii) any combination of actions under clauses (i) and (ii).

(e) Commission recommendations

    (1) If the Commission makes an affirmative determination under 
subsection (b)(1) of this section, the Commission shall also recommend 
the action that would address the serious injury, or threat thereof, to 
the domestic industry and be most effective in facilitating the efforts 
of the domestic industry to make a positive adjustment to import 
competition.
    (2) The Commission is authorized to recommend under paragraph (1)--
        (A) an increase in, or the imposition of, any duty on the 
    imported article;
        (B) a tariff-rate quota on the article;
        (C) a modification or imposition of any quantitative restriction 
    on the importation of the article into the United States;
        (D) one or more appropriate adjustment measures, including the 
    provision of trade adjustment assistance under part 2 of this 
    subchapter; or
        (E) any combination of the actions described in subparagraphs 
    (A) through (D).

    (3) The Commission shall specify the type, amount, and duration of 
the action recommended by it under paragraph (1). The limitations set 
forth in section 2253(e) of this title are applicable to the action 
recommended by the Commission.
    (4) In addition to the recommendation made under paragraph (1), the 
Commission may also recommend that the President--
        (A) initiate international negotiations to address the 
    underlying cause of the increase in imports of the article or 
    otherwise to alleviate the injury or threat; or
        (B) implement any other action authorized under law that is 
    likely to facilitate positive adjustment to import competition.

    (5) For purposes of making its recommendation under this subsection, 
the Commission shall--
        (A) after reasonable notice, hold a public hearing at which all 
    interested parties shall be provided an opportunity to present 
    testimony and evidence; and
        (B) take into account--
            (i) the form and amount of action described in paragraph 
        (2)(A), (B), and (C) that would prevent or remedy the injury or 
        threat thereof,
            (ii) the objectives and actions specified in the adjustment 
        plan, if any, submitted under subsection (a)(4) of this section,
            (iii) any individual commitment that was submitted to the 
        Commission under subsection (a)(6) of this section,
            (iv) any information available to the Commission concerning 
        the conditions of competition in domestic and world markets, and 
        likely developments affecting such conditions during the period 
        for which action is being requested, and
            (v) whether international negotiations may be constructive 
        to address the injury or threat thereof or to facilitate 
        adjustment.

    (6) Only those members of the Commission who agreed to the 
affirmative determination under subsection (b) of this section are 
eligible to vote on the recommendation required to be made under 
paragraph (1) or that may be made under paragraph (3). Members of the 
Commission who did not agree to the affirmative determination may 
submit, in the report required under subsection (f) of this section, 
separate views regarding what action, if any, should be taken under 
section 2253 of this title.

(f) Report by Commission

    (1) The Commission shall submit to the President a report on each 
investigation undertaken under subsection (b) of this section. The 
report shall be submitted at the earliest practicable time, but not 
later than 180 days (240 days if the petition alleges that critical 
circumstances exist) after the date on which the petition is filed, the 
request or resolution is received, or the motion is adopted, as the case 
may be.
    (2) The Commission shall include in the report required under 
paragraph (1) the following:
        (A) The determination made under subsection (b) of this section 
    and an explanation of the basis for the determination.
        (B) If the determination under subsection (b) of this section is 
    affirmative, the recommendations for action made under subsection 
    (e) of this section and an explanation of the basis for each 
    recommendation.
        (C) Any dissenting or separate views by members of the 
    Commission regarding the determination and any recommendation 
    referred to in subparagraphs (A) and (B).
        (D) The findings required to be included in the report under 
    subsection (c)(2) of this section.
        (E) A copy of the adjustment plan, if any, submitted under 
    section 2251(b)(4) of this title.
        (F) Commitments submitted, and information obtained, by the 
    Commission regarding steps that firms and workers in the domestic 
    industry are taking, or plan to take, to facilitate positive 
    adjustment to import competition.
        (G) A description of--
            (i) the short- and long-term effects that implementation of 
        the action recommended under subection \1\ (e) of this section 
        is likely to have on the petitioning domestic industry, on other 
        domestic industries, and on consumers, and
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    \1\ So in original. Probably should be ``subsection''.
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            (ii) the short- and long-term effects of not taking the 
        recommended action on the petitioning domestic industry, its 
        workers and the communities where production facilities of such 
        industry are located, and on other domestic industries.

    (3) The Commission, after submitting a report to the President under 
paragraph (1), shall promptly make it available to the public (with the 
exception of the confidential information obtained under subsection 
(a)(6)(B) of this section and any other information which the Commission 
determines to be confidential) and cause a summary thereof to be 
published in the Federal Register.

(g) Expedited consideration of adjustment assistance petitions

    If the Commission makes an affirmative determination under 
subsection (b)(1) of this section, the Commission shall promptly notify 
the Secretary of Labor and the Secretary of Commerce of the 
determination. After receiving such notification--
        (1) the Secretary of Labor shall give expedited consideration to 
    petitions by workers in the domestic industry for certification for 
    eligibility to apply for adjustment assistance under part 2 of this 
    subchapter; and
        (2) the Secretary of Commerce shall give expedited consideration 
    to petitions by firms in the domestic industry for certification of 
    eligibility to apply for adjustment assistance under part 3 of this 
    subchapter.

(h) Limitations on investigations

    (1) Except for good cause determined by the Commission to exist, no 
investigation for the purposes of this section shall be made with 
respect to the same subject matter as a previous investigation under 
this part, unless 1 year has elapsed since the Commission made its 
report to the President of the results of such previous investigation.
    (2) No new investigation shall be conducted with respect to an 
article that is or has been the subject of an action under section 
2253(a)(3)(A), (B), (C), or (E) of this title if the last day on which 
the President could take action under section 2253 of this title in the 
new investigation is a date earlier than that permitted under section 
2253(e)(7) of this title.
    (3)(A) Not later than the date on which the Textiles Agreement 
enters into force with respect to the United States, the Secretary of 
Commerce shall publish in the Federal Register a list of all articles 
that are subject to the Textiles Agreement. An investigation may be 
conducted under this section concerning imports of any article that is 
subject to the Textiles Agreement only if the United States has 
integrated that article into GATT 1994 pursuant to the Textiles 
Agreement, as set forth in notices published in the Federal Register by 
the Secretary of Commerce, including the notice published under section 
3591 of this title.
    (B) For purposes of this paragraph:
        (i) The term ``Textiles Agreement'' means the Agreement on 
    Textiles and Clothing referred to in section 3511(d)(4) of this 
    title.
        (ii) The term ``GATT 1994'' has the meaning given that term in 
    section 3501(1)(B) of this title.

(i) Limited disclosure of confidential business information under 
        protective order

    The Commission shall promulgate regulations to provide access to 
confidential business information under protective order to authorized 
representatives of interested parties who are parties to an 
investigation under this section.

(Pub. L. 93-618, title II, Sec. 202, Jan. 3, 1975, 88 Stat. 2014; Pub. 
L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat. 1225; Pub. 
L. 103-182, title III, Secs. 315, 317(b), Dec. 8, 1993, 107 Stat. 2107, 
2108; Pub. L. 103-465, title III, Secs. 301(a)-(d)(2), (4), (e), (f), 
302(b)(4)(B), 303(1)-(6), Dec. 8, 1994, 108 Stat. 4932-4934, 4936, 4937; 
Pub. L. 104-295, Sec. 20(c)(5), Oct. 11, 1996, 110 Stat. 3528.)

                       References in Text

    The antitrust laws, referred to in subsec. (a)(7), are classified 
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
    The North American Free Trade Agreement Implementation Act, referred 
to in subsec. (a)(8), is Pub. L. 103-182, Dec. 8, 1993, 107 Stat. 2057. 
Part 1 of title III of the Act probably means part 1 of subtitle A of 
title III of the Act, which is classified generally to subpart 1 
(Sec. 3351 et seq.) of part A of subchapter III of chapter 21 of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 3301 of this title and Tables.
    The Tariff Act of 1930, referred to in subsec. (c)(5), is act June 
17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B of title 
VII of the Tariff Act of 1930 are classified generally to parts I and II 
(Sec. 1671 et seq. and 1673 et seq., respectively) of subtitle IV of 
chapter 4 of this title. For complete classification of this Act to the 
Code, see section 1654 of this title and Tables.


                               Amendments

    1996--Subsec. (d)(4)(A)(i). Pub. L. 104-295 made technical amendment 
to reference in original act which appears in text as reference to 
subsection (b) of this section.
    1994--Subsec. (a)(2)(B)(ii). Pub. L. 103-465, Sec. 303(1), struck 
out ``, or at any time before the 150th day after the date of filing be 
amended to request,'' after ``request''.
    Subsec. (a)(8). Pub. L. 103-465, Sec. 301(a), inserted at end ``The 
Commission may request that parties providing confidential business 
information furnish nonconfidential summaries thereof or, if such 
parties indicate that the information in the submission cannot be 
summarized, the reasons why a summary cannot be provided. If the 
Commission finds that a request for confidentiality is not warranted and 
if the party concerned is either unwilling to make the information 
public or to authorize its disclosure in generalized or summarized form, 
the Commission may disregard the submission.''
    Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 303(2), substituted 
``subsection (a)'' for ``subsection (b)''.
    Subsec. (b)(2)(A). Pub. L. 103-465, Sec. 301(d)(2)(A)(i), inserted 
``(180 days if the petition alleges that critical circumstances exist)'' 
after ``120 days''.
    Subsec. (b)(2)(B). Pub. L. 103-465, Sec. 301(d)(2)(A)(ii), inserted 
``(210 days if the petition alleges that critical circumstances exist)'' 
after ``150 days''.
    Subsec. (b)(3), (4). Pub. L. 103-465, Sec. 301(c), added par. (3), 
struck out former par. (3) which provided time limits on Commission 
determinations where petitioner alleged existence of critical 
circumstances, and struck out former par. (4) which provided for notice 
and hearings on any adjustment plan submitted under subsec. (a) of this 
section.
    Subsec. (c)(1)(B)(i). Pub. L. 103-465, Sec. 301(e)(1), inserted 
``productivity,'' after ``wages,''.
    Subsec. (c)(6). Pub. L. 103-465, Sec. 303(5), substituted 
``section'' for ``subsection'' in introductory provisions.
    Subsec. (c)(6)(A). Pub. L. 103-465, Sec. 301(e)(2)(A), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``The term `domestic industry' includes producers located in the United 
States insular possession.''
    Subsec. (c)(6)(C), (D). Pub. L. 103-465, Sec. 301(e)(2)(B), added 
subpars. (C) and (D).
    Subsec. (d)(1)(C)(i). Pub. L. 103-465, Sec. 303(3)(A), substituted 
``subparagraph (B)'' for ``paragraph (2)''.
    Subsec. (d)(1)(E), (G). Pub. L. 103-465, Sec. 303(3)(B), struck out 
``or threat thereof'' after ``the serious injury'' wherever appearing.
    Subsec. (d)(2). Pub. L. 103-465, Sec. 301(d)(1), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows:
    ``(2)(A) The Commission shall, at the same time it makes an 
affirmative determination under subsection (b)(3)(A) of this section 
regarding the existence of critical circumstances, find the amount or 
extent of provisional relief that is appropriate to address such 
critical circumstances. The Commission shall immediately report to the 
President each such affirmative determination and finding.
    ``(B) After receiving a report from the Commission under 
subparagraph (A), the President shall, within 7 days after the day on 
which the report is received and after taking into account the finding 
of the Commission under subparagraph (A), proclaim such provisional 
relief, if any, that the President considers appropriate to address the 
critical circumstances.''
    Subsec. (d)(3). Pub. L. 103-465, Sec. 301(d)(4)(A), substituted 
``(2)(D)'' for ``(2)(B)'' and ``paragraph (2)(A)'' for ``subsection 
(b)(1) of this section''.
    Subsec. (d)(4)(A)(i). Pub. L. 103-465, Secs. 301(d)(4)(B), 303(4), 
inserted ``or (2)(D)'' after ``(1)(G)'' and substituted ``subsection (b) 
of this section'' for ``section 2253(a) of this title''.
    Subsec. (f)(1). Pub. L. 103-465, Sec. 301(d)(2)(B), inserted ``(240 
days if the petition alleges that critical circumstances exist)'' after 
``180 days''.
    Subsec. (f)(2)(G)(ii). Pub. L. 103-465, Sec. 303(6), substituted 
``industry are located'' for ``industry is located''.
    Subsec. (h)(2). Pub. L. 103-465, Sec. 302(b)(4)(B), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``If an article 
was the subject of an investigation under this section that resulted in 
any action described in section 2253(a)(3)(A), (B), (C), or (E) of this 
title being taken under section 2253 of this title, no other 
investigation under this part may be initiated with respect to such 
article while such action is in effect or during the period beginning on 
the date on which such action terminates that is equal in duration to 
the period during which such action was in effect.''
    Subsec. (h)(3). Pub. L. 103-465, Sec. 301(f), added par. (3).
    Subsec. (i). Pub. L. 103-465, Sec. 301(b), added subsec. (i).
    1993--Subsec. (a)(8). Pub. L. 103-182, Sec. 317(b), added par. (8).
    Subsec. (d)(1)(A). Pub. L. 103-182, Sec. 315(1), inserted ``or 
citrus product'' after ``agricultural product'' wherever appearing.
    Subsec. (d)(1)(C). Pub. L. 103-182, Sec. 315(2), in cl. (i) and 
provisions before subcl. (I), inserted ``or citrus product'' after 
``agricultural product'' wherever appearing and in provisions before 
subcl. (I), inserted ``or citrus product'' after ``competitive 
perishable product''.
    Subsec. (d)(5). Pub. L. 103-182, Sec. 315(3), (4), added subpar. (A) 
and redesignated former subpars. (A) and (B) as (B) and (C), 
respectively.
    1988--Pub. L. 100-418, in amending section generally, substituted 
provisions relating to investigations, determinations and 
recommendations by Commission for provisions relating to Presidential 
action after investigations. See section 2253 of this title.


                    Effective Date of 1994 Amendment

    Section 304 of title III of Pub. L. 103-465 provided that:
    ``(a) In General.--Except as provided in subsection (b), this 
subtitle [subtitle A (Secs. 301-304) of title III of Pub. L. 103-465, 
amending this section and sections 2253 and 2254 of this title] and the 
amendments made by this subtitle take effect on the date on which the 
WTO Agreement enters into force with respect to the United States [Jan. 
1, 1995].
    ``(b) Section 301(b).--The amendment made by section 301(b) 
[amending this section] takes effect on the date of the enactment of 
this Act [Dec. 8, 1994].''


                    Effective Dates of 1993 Amendment

    Amendment by Pub. L. 103-182 effective on the date the North 
American Free Trade Agreement enters into force with respect to the 
United States [Jan. 1, 1994], see section 318 of Pub. L. 103-182, set 
out as an Effective Date note under section 3351 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and applicable 
with respect to investigations initiated under this part on or after 
that date, see section 1401(c) of Pub. L. 100-418, set out as a note 
under section 2251 of this title.


               Uruguay Round Agreements: Entry Into Force

    The Uruguay Round Agreements, including the World Trade Organization 
Agreement and agreements annexed to that Agreement, as referred to in 
section 3511(d) of this title, entered into force with respect to the 
United States on Jan. 1, 1995. See note set out under section 3511 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1330, 2251, 2253, 2254, 
2274, 2354, 2436, 2451, 2451a, 2703, 3203, 3352, 3353, 3381, 3602 of 
this title.
