                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
    SUBCHAPTER III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES
 
                           Part A--Safeguards
 
        subpart 1--relief from imports benefiting from agreement
 
Sec. 3354. Provision of relief


(a) In general

    No later than the date that is 30 days after the date on which the 
President receives the report of the International Trade Commission 
containing an affirmative determination of the International Trade 
Commission under section 3353(a) of this title, the President, subject 
to subsection (b) of this section, shall provide relief from imports of 
the article that is the subject of such determination to the extent that 
the President determines necessary to remedy or, except in the case of 
imports of a Canadian article, prevent the injury found by the 
International Trade Commission.

(b) Exception

    The President is not required to provide import relief under this 
section if the President determines that the provision of the import 
relief will not provide greater economic and social benefits than costs.

(c) Nature of relief

    The import relief (including provisional relief) that the President 
is authorized to provide under this subpart is as follows:
        (1) In the case of imports of a Canadian article--
            (A) the suspension of any further reduction provided for 
        under Annex 401.2 of the United States-Canada Free-Trade 
        Agreement in the duty imposed on such article;
            (B) an increase in the rate of duty imposed on such article 
        to a level that does not exceed the lesser of--
                (i) the column 1 general rate of duty imposed under the 
            HTS on like articles at the time the import relief is 
            provided, or
                (ii) the column 1 general rate of duty imposed on like 
            articles on December 31, 1988; or

            (C) in the case of a duty applied on a seasonal basis to 
        such article, an increase in the rate of duty imposed on the 
        article to a level that does not exceed the column 1 general 
        rate of duty imposed on the article for the corresponding season 
        occurring immediately before January 1, 1989.

        (2) In the case of imports of a Mexican article--
            (A) the suspension of any further reduction provided for 
        under the United States Schedule to Annex 302.2 of the Agreement 
        in the duty imposed on such article;
            (B) an increase in the rate of duty imposed on such article 
        to a level that does not exceed the lesser of--
                (i) the column 1 general rate of duty imposed under the 
            HTS on like articles at the time the import relief is 
            provided, or
                (ii) the column 1 general rate of duty imposed under the 
            HTS on like articles on the day before the date on which the 
            Agreement enters into force; or

            (C) in the case of a duty applied on a seasonal basis to 
        such article, an increase in the rate of duty imposed on the 
        article to a level that does not exceed the column 1 general 
        rate of duty imposed under the HTS on the article for the 
        corresponding season immediately occurring before the date on 
        which the Agreement enters into force.

(d) Period of relief

    The import relief that the President is authorized to provide under 
this section may not exceed 3 years, except that, if a Canadian article 
or Mexican article which is the subject of the action--
        (1) is provided for in an item for which the transition period 
    of tariff elimination set out in the United States Schedule to Annex 
    302.2 of the Agreement is greater than 10 years; and
        (2) the President determines that the affected industry has 
    undertaken adjustment and requires an extension of the period of the 
    import relief;

the President, after obtaining the advice of the International Trade 
Commission, may extend the period of the import relief for not more than 
1 year, if the duty applied during the initial period of the relief is 
substantially reduced at the beginning of the extension period.

(e) Rate on Mexican articles after termination of import relief

    When import relief under this subpart is terminated with respect to 
a Mexican article--
        (1) the rate of duty on that article after such termination and 
    on or before December 31 of the year in which termination occurs 
    shall be the rate that, according to the United States Schedule to 
    Annex 302.2 of the Agreement for the staged elimination of the 
    tariff, would have been in effect 1 year after the initiation of the 
    import relief action under section 3352 of this title; and
        (2) the tariff treatment for that article after December 31 of 
    the year in which termination occurs shall be, at the discretion of 
    the President, either--
            (A) the rate of duty conforming to the applicable rate set 
        out in the United States Schedule to Annex 302.2; or
            (B) the rate of duty resulting from the elimination of the 
        tariff in equal annual stages ending on the date set out in the 
        United States Schedule to Annex 302.2 for the elimination of the 
        tariff.

(Pub. L. 103-182, title III, Sec. 304, Dec. 8, 1993, 107 Stat. 2102.)


          North American Free Trade Agreement: Entry Into Force

    The North American Free Trade Agreement entered into force on Jan. 
1, 1994, see note set out under section 3311 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3353, 3356 of this title.
