                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                 Part 3--Adjustment Assistance for Firms
 
Sec. 2341. Petitions and determinations


(a) Filing of petition; receipt of petition; initiation of investigation

    A petition for a certification of eligibility to apply for 
adjustment assistance under this part may be filed with the Secretary of 
Commerce (hereinafter in this part referred to as the ``Secretary'') by 
a firm (including any agricultural firm) or its representative. Upon 
receipt of the petition, the Secretary shall promptly publish notice in 
the Federal Register that he has received the petition and initiated an 
investigation.

(b) Public hearing

    If the petitioner, or any other person, organization, or group found 
by the Secretary to have a substantial interest in the proceedings, 
submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) of this section a request for a 
hearing, the Secretary shall provide for a public hearing and afford 
such interested persons an opportunity to be present, to produce 
evidence, and to be heard.

(c) Certification

    (1) The Secretary shall certify a firm (including any agricultural 
firm) as eligible to apply for adjustment assistance under this part if 
the Secretary determines--
        (A) that a significant number or proportion of the workers in 
    such firm have become totally or partially separated, or are 
    threatened to become totally or partially separated,
        (B) that--
            (i) sales or production, or both, of such firm have 
        decreased absolutely, or
            (ii) sales or production, or both, of an article that 
        accounted for not less than 25 percent of the total production 
        or sales of the firm during the 12-month period preceding the 
        most recent 12-month period for which data are available have 
        decreased absolutely, and

        (C) increases of imports of articles like or directly 
    competitive with articles which are produced by such firm 
    contributed importantly to such total or partial separation, or 
    threat thereof, and to such decline in sales or production.

    (2) For purposes of paragraph (1)(C)--
        (A) The term ``contributed importantly'' means a cause which is 
    important but not necessarily more important than any other cause.
        (B)(i) Any firm which engages in exploration or drilling for oil 
    or natural gas shall be considered to be a firm producing oil or 
    natural gas.
        (ii) Any firm that engages in exploration or drilling for oil or 
    natural gas, or otherwise produces oil or natural gas, shall be 
    considered to be producing articles directly competitive with 
    imports of oil and with imports of natural gas.

(d) Allowable period for determination

    A determination shall be made by the Secretary as soon as possible 
after the date on which the petition is filed under this section, but in 
any event not later than 60 days after that date.

(Pub. L. 93-618, title II, Sec. 251, Jan. 3, 1975, 88 Stat. 2030; Pub. 
L. 99-272, title XIII, Sec. 13002(b), Apr. 7, 1986, 100 Stat. 300; Pub. 
L. 100-418, title I, Sec. 1421(a)(2), (b)(2), Aug. 23, 1988, 102 Stat. 
1243, 1244.)


                               Amendments

    1988--Subsec. (c). Pub. L. 100-418, Sec. 1421(a)(2), amended subsec. 
(c) generally. Prior to amendment, subsec. (c) read as follows: ``The 
Secretary shall certify a firm (including any agricultural firm) as 
eligible to apply for adjustment assistance under this part if he 
determines--
        ``(1) that a significant number or proportion of the workers in 
    such firm have become totally or partially separated, or are 
    threatened to become totally or partially separated.
        ``(2) that--
            ``(A) sales or production, or both, of the firm have 
        decreased absolutely, or
            ``(B) sales or production, or both, of an article that 
        accounted for not less than 25 percent of the total production 
        or sales of the firm during the 12-month period preceding the 
        most recent 12-month period for which data are available have 
        decreased absolutely, and
        ``(3) that increases of imports of articles like or directly 
    competitive with articles produced by such firm contributed 
    importantly to such total or partial separation, or threat thereof, 
    and to such decline in sales or production.
For purposes of paragraph (3), the term `contributed importantly' means 
a cause which is important but not necessarily more important than any 
other cause.''
    Subsec. (c)(1)(C). Pub. L. 100-418, Sec. 1421(b)(2), directed the 
general amendment of subpar. (C) adding provisions relating to provision 
of essential goods or services by such firm, which amendment did not 
become effective pursuant to section 1430(d) of Pub. L. 100-418, as 
amended, set out as an Effective Date note under section 2397 of this 
title.
    1986--Subsecs. (a), (c). Pub. L. 99-272, Sec. 13002(b)(1), inserted 
``(including any agricultural firm)'' after ``firm''.
    Subsec. (c)(2). Pub. L. 99-272, Sec. 13002(b)(2), amended par. (2) 
generally, designating existing provisions as subpar. (A), substituting 
``of the firm have decreased absolutely, or'' for ``of such firm have 
decreased absolutely, and'', and adding subpar. (B).


                            Termination Date

    No technical assistance to be provided under this part after Sept. 
30, 2001, see section 285 of Pub. L. 93-618, as amended, set out as a 
note preceding section 2271 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2342, 2343, 2345, 2346, 
2355, 2395 of this title; title 28 sections 1581, 2631, 2636, 2640, 
2643.
