                        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. 3372. Presidential action regarding NAFTA imports


(a) In general

    In determining whether to take action under chapter 1 of title II of 
the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports 
from a NAFTA country, the President shall determine whether--
        (1) imports from such country, considered individually, account 
    for a substantial share of total imports; or
        (2) imports 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, found by the International Trade Commission.

(b) Exclusion of NAFTA imports

    In determining the nature and extent of action to be taken under 
chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], 
the President shall exclude from such action imports from a NAFTA 
country if the President makes a negative determination under subsection 
(a)(1) or (2) of this section with respect to imports from such country.

(c) Action after exclusion of NAFTA country imports

                           (1) In general

        If the President, under subsection (b) of this section, excludes 
    imports from a NAFTA country or countries from action under chapter 
    1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but 
    thereafter determines that a surge in imports from that country or 
    countries is undermining the effectiveness of the action--
            (A) the President may take appropriate action under such 
        chapter 1 to include those imports in the action; and
            (B) any entity that is representative of an industry for 
        which such action is being taken may request the International 
        Trade Commission to conduct an investigation of the surge in 
        such imports.

                          (2) Investigation

        Upon receiving a request under paragraph (1)(B), the 
    International Trade Commission shall conduct an investigation to 
    determine whether a surge in such imports undermines the 
    effectiveness of the action. The International Trade Commission 
    shall submit the findings of its investigation to the President no 
    later than 30 days after the request is received by the 
    International Trade Commission.

                        (3) ``Surge'' defined

        For purposes of this subsection, the term ``surge'' means a 
    significant increase in imports over the trend for a recent 
    representative base period.

(d) Condition applicable to quantitative restrictions

    Any action taken under this section proclaiming a quantitative 
restriction shall permit the importation of a quantity or value of the 
article which is not less than the quantity or value of such article 
imported into the United States during the most recent period that is 
representative of imports of such article, with allowance for reasonable 
growth.

(Pub. L. 103-182, title III, Sec. 312, Dec. 8, 1993, 107 Stat. 2107.)

                       References in Text

    The Trade Act of 1974, referred to in subsecs. (a) to (c), 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.

                  Section Referred to in Other Sections

    This section is referred to in section 3371 of this title.
