Collapse to view only § 4064. Termination of relief authority
- § 4061. Commencing of action for relief
- § 4062. Commission action on petition
- § 4063. Provision of relief
- § 4064. Termination of relief authority
- § 4065. Compensation authority
§ 4061. Commencing of action for relief
(a) Filing of petition
(b) Investigation and determination
(c) Applicable provisions
The following provisions of section 2252 of this title apply with respect to any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (i).
(d) Articles exempt from investigation
(Pub. L. 109–53, title III, § 311, Aug. 2, 2005, 119 Stat. 488.)
§ 4062. Commission action on petition
(a) Determination
(b) Applicable provisions
(c) Additional finding and recommendation if determination affirmative
(d) Report to President
Not later than the date that is 30 days after the date on which a determination is made under subsection (a) with respect to an investigation, the Commission shall submit to the President a report that includes—
(1) the determination made under subsection (a) and an explanation of the basis for the determination;
(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
(e) Public notice
(Pub. L. 109–53, title III, § 312, Aug. 2, 2005, 119 Stat. 489.)
§ 4063. Provision of relief
(a) In general
(b) Exception
(c) Nature of relief
(1) In generalThe import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided for under Annex 3.3 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.
(2) Progressive liberalization
(d) Period of relief
(1) In general
(2) Extension
(A) In generalIf the initial period for any import relief provided under this section is less than 4 years, the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 1330(d) of this title, may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), if the President determines that—
(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
(ii) there is evidence that the industry is making a positive adjustment to import competition.
(B) Action by Commission
(i) Upon a petition on behalf of the industry concerned that is filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.
(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.
(e) Rate after termination of import reliefWhen import relief under this section is terminated with respect to an article—
(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 3.3 of the Agreement would have been in effect 1 year after the provision of relief under subsection (a); and
(2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—
(A) the applicable rate of duty for that article set out in the Schedule of the United States to Annex 3.3 of the Agreement; 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 Schedule of the United States to Annex 3.3 of the Agreement for the elimination of the tariff.
(f) Articles exempt from reliefNo import relief may be provided under this section on—
(1) any article subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or
(2) imports of a CAFTA–DR article of a CAFTA–DR country that is a de minimis supplying country with respect to that article.
(Pub. L. 109–53, title III, § 313, Aug. 2, 2005, 119 Stat. 490.)
§ 4064. Termination of relief authority
(a) General rule
(b) Exception
(Pub. L. 109–53, title III, § 314, Aug. 2, 2005, 119 Stat. 492.)
§ 4065. Compensation authority
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 4063 of this title shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
(Pub. L. 109–53, title III, § 315, Aug. 2, 2005, 119 Stat. 492.)