                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
      SUBCHAPTER IV--TRADE RELATIONS WITH COUNTRIES NOT RECEIVING 
                       NONDISCRIMINATORY TREATMENT
 
             Part 1--Trade Relations With Certain Countries
 
Sec. 2436. Market disruption


(a) Investigation by International Trade Commission; report; publication

    (1) Upon the filing of a petition by an entity described in section 
2252(a) of this title, upon request of the President or the United 
States Trade Representative, upon 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 International Trade 
Commission (hereafter in this section referred to as the ``Commission'') 
shall promptly make an investigation to determine, with respect to 
imports of an article which is the product of a Communist country, 
whether market disruption exists with respect to an article produced by 
a domestic industry.
    (2) The provisions of subsections (a)(3), (b)(4),\1\ and (c)(4) of 
section 2252 of this title shall apply with respect to investigations by 
the Commission under paragraph (1).
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    \1\ See References in Text note below.
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    (3) The Commission shall report to the President its determination 
with respect to each investigation under paragraph (1) and the basis 
therefor and shall include in each report any dissenting or separate 
views. If the Commission finds, as a result of its investigation, that 
market disruption exists with respect to an article produced by a 
domestic industry, it shall find the amount of the increase in, or 
imposition of, any duty or other import restriction on such article 
which is necessary to prevent or remedy such market disruption and shall 
include such finding in its report to the President. The Commission 
shall furnish to the President a transcript of the hearings and any 
briefs which may have been submitted in connection with each 
investigation.
    (4) The report of the Commission of its determination with respect 
to an investigation under paragraph (1) shall be made at the earliest 
practicable time, but not later than 3 months after the date on which 
the petition is filed (or the date on which the request or resolution is 
received or the motion is adopted, as the case may be). Upon making such 
report to the President, the Commission shall also promptly make public 
such report (with the exception of information which the Commission 
determines to be confidential) and shall cause a summary thereof to be 
published in the Federal Register.

(b) Affirmative determination

    With respect to any affirmative determination of the Commission 
under subsection (a) of this section--
        (1) such determination shall be treated as an affirmative 
    determination made under section 2251(b) of this title (as in effect 
    on the day before the date of the enactment of the Omnibus Trade and 
    Competitiveness Act of 1988); and
        (2) sections 2252 and 2253 of this title (as in effect on the 
    day before the date of the enactment of such Act of 1988), rather 
    than the provisions of part 1 of subchapter II of this chapter as 
    amended by section 1401 of such Act of 1988, shall apply with 
    respect to the taking of subsequent action, if any, by the President 
    in response to such affirmative determination;

except that--
        (A) the President may take action under such sections 2252 and 
    2253 of this title only with respect to imports from the country or 
    countries involved of the article with respect to which the 
    affirmative determination was made; and
        (B) if such action consists of, or includes, an orderly 
    marketing agreement, such agreement shall be entered into within 60 
    days after the import relief determination date.

(c) Products of Communist countries

    If, at any time, the President finds that there are reasonable 
grounds to believe, with respect to imports of an article which is the 
product of a Communist country, that market disruption exists with 
respect to an article produced by a domestic industry, he shall request 
the Commission to initiate an investigation under subsection (a) of this 
section. If the President further finds that emergency action is 
necessary, he may take action under sections 2252 and 2253 of this title 
referred to in subsection (b) of this section as if an affirmative 
determination of the Commission had been made under subsection (a) of 
this section. Any action taken by the President under the preceding 
sentence shall cease to apply (1) if a negative determination is made by 
the Commission under subsection (a) of this section with respect to 
imports of such article, on the day on which the Commission's report of 
such determination is submitted to the President, or (2) if an 
affirmative determination is made by the Commission under subsection (a) 
of this section with respect to imports of such article, on the day on 
which the action taken by the President pursuant to such determination 
becomes effective.

(d) Petitions to initiate consultations as provided for by safeguard 
        arrangements

    (1) A petition may be filed with the President by an entity 
described in section 2251(a)(1) of this title requesting the President 
to initiate consultations provided for by the safeguard arrangements of 
any agreement entered into under section 2435 of this title with respect 
to imports of an article which is the product of the country which is 
the other party to such agreement.
    (2) If the President determines that there are reasonable grounds to 
believe, with respect to imports of such article, that market disruption 
exists with respect to an article produced by a domestic industry, he 
shall initiate consultations with such country with respect to such 
imports.

(e) Definitions; factors determining existence of market disruption

    For purposes of this section--
        (1) The term ``Communist country'' means any country dominated 
    or controlled by communism.
        (2)(A) Market disruption exists within a domestic industry 
    whenever imports of an article, like or directly competitive with an 
    article produced by such domestic industry, are increasing rapidly, 
    either absolutely or relatively, so as to be a significant cause of 
    material injury, or threat thereof, to such domestic industry.
        (B) For purposes of subparagraph (A):
            (i) Imports of an article shall be considered to be 
        increasing rapidly if there has been a significant increase in 
        such imports (either actual or relative to domestic production) 
        during a recent period of time.
            (ii) The term ``significant cause'' refers to a cause which 
        contributes significantly to the material injury of the domestic 
        industry, but need not be equal to or greater than any other 
        cause.

        (C) The Commission, in determining whether market disruption 
    exists, shall consider, among other factors--
            (i) the volume of imports of the merchandise which is the 
        subject of the investigation;
            (ii) the effect of imports of the merchandise on prices in 
        the United States for like or directly competitive articles;
            (iii) the impact of imports of such merchandise on domestic 
        producers of like or directly competitive articles; and
            (iv) evidence of disruptive pricing practices, or other 
        efforts to unfairly manage trade patterns.

(Pub. L. 93-618, title IV, Sec. 406, Jan. 3, 1975, 88 Stat. 2062; 1979 
Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 
Stat. 1381; Pub. L. 100-418, title I, Sec. 1411(a), (b), Aug. 23, 1988, 
102 Stat. 1241, 1242; Pub. L. 106-36, title I, Sec. 1001(a)(6), June 25, 
1999, 113 Stat. 130.)

                       References in Text

    Subsection (b)(4) of section 2252 of this title, referred to in 
subsec. (a)(2), was repealed by Pub. L. 103-465, title III, Sec. 301(c), 
Dec. 8, 1994, 108 Stat. 4932. See section 2252(b)(3) of this title.
    The date of the enactment of the Omnibus Trade and Competitiveness 
Act of 1988, referred to in subsec. (b), is the date of enactment of 
Pub. L. 100-418, which was approved Aug. 23, 1988.
    Section 1401 of such Act of 1988, referred to in subsec. (b)(2), is 
section 1401 of Pub. L. 100-418, known as the Omnibus Trade and 
Competitiveness Act of 1988, which enacted section 2254 of this title, 
amended sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this 
title, enacted a provision set out as a note under section 2251 of this 
title, and amended a provision set out as a note under section 2112 of 
this title.


                               Amendments

    1999--Subsec. (e)(2)(B), (C). Pub. L. 106-36 realigned margins.
    1988--Subsec. (a)(1). Pub. L. 100-418, Sec. 1411(b)(1), substituted 
``section 2252(a)'' for ``section 2251(a)(1)''.
    Subsec. (a)(2). Pub. L. 100-418, Sec. 1411(b)(2), substituted 
``subsections (a)(3), (b)(4), and (c)(4) of section 2252'' for 
``subsections (a)(2), (b)(3), and (c) of section 2251''.
    Subsec. (b). Pub. L. 100-418, Sec. 1411(a)(1), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``For 
purposes of sections 2252 and 2253 of this title, an affirmative 
determination of the Commission under subsection (a) of this section 
shall be treated as an affirmative determination under section 2251(b) 
of this title, except that--
        ``(1) the President may take action under sections 2252 and 2253 
    of this title only with respect to imports from the country or 
    countries involved of the article with respect to which the 
    affirmative determination was made, and
        ``(2) if such action consists of, or includes, an orderly 
    marketing agreement, such agreement shall be entered into within 60 
    days after the import relief determination date.''
    Subsec. (c). Pub. L. 100-418, Sec. 1411(a)(2), inserted ``referred 
to in subsection (b) of this section'' after ``sections 2252 and 2253 of 
this title''.
    Subsec. (e)(2). Pub. L. 100-418, Sec. 1411(a)(3), designated 
existing provisions as subpar. (A) and added subpars. (B) and (C).

                         Change of Name

    ``United States Trade Representative'' substituted for ``Special 
Representative for Trade Negotiations'' in subsec. (a)(1), pursuant to 
Reorg. Plan No. 3 of 1979, Sec. 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, 
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of 
this title. See, also, section 2171 of this title as amended by Pub. L. 
97-456.


                    Effective Date of 1988 Amendment

    Section 1411(c) of Pub. L. 100-418 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] apply with 
respect to investigations initiated under section 406(a) of the Trade 
Act of 1974 [19 U.S.C. 2436(a)] on or after the date of the enactment of 
this Act [Aug. 23, 1988].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1330, 2581 of this title.
