                        TITLE 19--CUSTOMS DUTIES
 
                  CHAPTER 21--NORTH AMERICAN FREE TRADE
 
    SUBCHAPTER III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES
 
                           Part A--Safeguards
 
            subpart 2--relief from imports from all countries
 
Sec. 3371. NAFTA article impact in import relief cases under 
        Trade Act of 1974
        

(a) In general

    If, in any investigation initiated under chapter 1 of title II of 
the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the International Trade 
Commission makes an affirmative determination (or a determination which 
the President may treat as an affirmative determination under such 
chapter by reason of section 1330(d) of this title), the International 
Trade Commission shall also find (and report to the President at the 
time such injury determination is submitted to the President) whether--
        (1) imports of the article from a NAFTA country, considered 
    individually, account for a substantial share of total imports; and
        (2) imports of the article from a NAFTA country, considered 
    individually or, in exceptional circumstances, imports from NAFTA 
    countries considered collectively, contribute importantly to the 
    serious injury, or threat thereof, caused by imports.

(b) Factors

                    (1) Substantial import share

        In determining whether imports from a NAFTA country, considered 
    individually, account for a substantial share of total imports, such 
    imports normally shall not be considered to account for a 
    substantial share of total imports if that country is not among the 
    top 5 suppliers of the article subject to the investigation, 
    measured in terms of import share during the most recent 3-year 
    period.

       (2) Application of ``contribute importantly'' standard

        In determining whether imports from a NAFTA country or countries 
    contribute importantly to the serious injury, or threat thereof, the 
    International Trade Commission shall consider such factors as the 
    change in the import share of the NAFTA country or countries, and 
    the level and change in the level of imports of such country or 
    countries. In applying the preceding sentence, imports from a NAFTA 
    country or countries normally shall not be considered to contribute 
    importantly to serious injury, or the threat thereof, if the growth 
    rate of imports from such country or countries during the period in 
    which an injurious increase in imports occurred is appreciably lower 
    than the growth rate of total imports from all sources over the same 
    period.

(c) ``Contribute importantly'' defined

    For purposes of this section and section 3372(a) of this title, the 
term ``contribute importantly'' refers to an important cause, but not 
necessarily the most important cause.

(Pub. L. 103-182, title III, Sec. 311, Dec. 8, 1993, 107 Stat. 2106.)

                       References in Text

    The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93-
618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of 
the Act is classified generally to part 1 (Sec. 2251 et seq.) of 
subchapter II of chapter 12 of this title. For complete classification 
of this Act to the Code, see section 2101 of this title and Tables.
