Notes on 19 U.S.C. § 2252 : US Code - Notes

Search Notes on 19 U.S.C. § 2252 : US Code - Notes

(Pub. L. 93-618, title II, Sec. 202, Jan. 3, 1975, 88 Stat. 2014;
Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat.
1225; Pub. L. 103-182, title III, Secs. 315, 317(b), Dec. 8, 1993,
107 Stat. 2107, 2108; Pub. L. 103-465, title III, Secs. 301(a)-
(d)(2), (4), (e), (f), 302(b)(4)(B), 303(1)-(6), Dec. 8, 1994, 108
Stat. 4932-4934, 4936, 4937; Pub. L. 104-295, Sec. 20(c)(5), Oct.
11, 1996, 110 Stat. 3528; Pub. L. 107-43, title II, Sec. 222, Sept.
28, 2001, 115 Stat. 250; Pub. L. 108-77, title III, Sec. 316, Sept.
3, 2003, 117 Stat. 937; Pub. L. 108-78, title III, Sec. 316, Sept.
3, 2003, 117 Stat. 967; Pub. L. 108-286, title III, Sec. 316, Aug.
3, 2004, 118 Stat. 945; Pub. L. 108-302, title III, Sec. 316, Aug.
17, 2004, 118 Stat. 1120; Pub. L. 109-53, title III, Sec. 316, Aug.
2, 2005, 119 Stat. 492; Pub. L. 109-169, title III, Sec. 316, Jan.
11, 2006, 119 Stat. 3597.)
AMENDMENT OF SECTION
For termination of amendment by section 106(c) of Pub. L. 109-
169, see Effective and Termination Dates of 2006 Amendment note
below.
For termination of amendment by section 107(d) of Pub. L. 109-53,
see Effective and Termination Dates of 2005 Amendment note below.
For termination of amendment by section 107(c) of Pub. L. 108-
302, see Effective and Termination Dates of 2004 Amendments note
below.
For termination of amendment by section 106(c) of Pub. L. 108-
286, see Effective and Termination Dates of 2004 Amendments note
below.
For termination of amendment by section 107(c) of Pub. L. 108-78,
see Effective and Termination Dates of 2003 Amendments note below.
For termination of amendment by section 107(c) of Pub. L. 108-77,
see Effective and Termination Dates of 2003 Amendments note below.
For termination of amendment by section 404(c) of Pub. L. 107-43,
see Effective and Termination Dates of 2001 Amendment note below.
REFERENCES IN TEXT
The antitrust laws, referred to in subsec. (a)(7), are classified
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and
Trade.
The North American Free Trade Agreement Implementation Act,
referred to in subsec. (a)(8), is Pub. L. 103-182, Dec. 8, 1993,
107 Stat. 2057, as amended. Part 1 of title III of the Act probably
means part 1 of subtitle A of title III of the Act, which is
classified generally to subpart 1 (Sec. 3351 et seq.) of part A of
subchapter III of chapter 21 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 3301 of this title and Tables.
Title II of the United States-Jordan Free Trade Area
Implementation Act, referred to in subsec. (a)(8), is title II of
Pub. L. 107-43, Sept. 28, 2001, 115 Stat. 243, which is set out in
a note under section 2112 of this title.
Title III of the United States-Chile Free Trade Agreement
Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108-77, Sept. 3, 2003, 117 Stat. 909, which is set out in a
note under section 3805 of this title.
Title III of the United States-Singapore Free Trade Agreement
Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108-78, Sept. 3, 2003, 117 Stat. 948, which is set out in a
note under section 3805 of this title.
Title III of the United States-Australia Free Trade Agreement
Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108-286, Aug. 3, 2004, 118 Stat. 941, which is set out in a
note under section 3805 of this title.
Title III of the United States-Morocco Free Trade Agreement
Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108-302, Aug. 17, 2004, 118 Stat. 1116, which is set out in
a note under section 3805 of this title.
The Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act, referred to in subsec. (a)(8), is
Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462, as amended. Title III
of the Act is classified generally to subchapter III (Sec. 4051 et
seq.) of chapter 26 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
4001 of this title and Tables.
Title III of the United States-Bahrain Free Trade Agreement
Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 109-169, Jan. 11, 2006, 119 Stat. 3593, which is set out in
a note under section 3805 of this title.
The Tariff Act of 1930, referred to in subsec. (c)(5), is act
June 17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B
of title VII of the Tariff Act of 1930 are classified generally to
parts I and II (Sec. 1671 et seq. and 1673 et seq., respectively)
of subtitle IV of chapter 4 of this title. For complete
classification of this Act to the Code, see section 1654 of this
title and Tables.
AMENDMENTS
2006 - Subsec. (a)(8). Pub. L. 109-169, Secs. 106(c), 316, in
first sentence, temporarily struck out "and" before "title III of
the Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act" and inserted before period at end ",
and title III of the United States-Bahrain Free Trade Agreement
Implementation Act". See Effective and Termination Dates of 2006
Amendment note below.
2005 - Subsec. (a)(8). Pub. L. 109-53, Secs. 107(d), 316, in
first sentence, temporarily struck out "and" before "title III of
the United States-Morocco Free Trade Agreement Implementation Act"
and inserted before period at end ", and title III of the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act". See Effective and Termination Dates of 2005
Amendment note below.
2004 - Subsec. (a)(8). Pub. L. 108-302, Secs. 107(c), 316, in
first sentence, temporarily struck out "and" before "title III of
the United States-Australia" and inserted before period at end ",
and title III of the United States-Morocco Free Trade Agreement
Implementation Act". See Effective and Termination Dates of 2004
Amendments note below.
Subsec.(a)(8). Pub. L. 108-286, Secs. 106(c), 316, in first
sentence, temporarily struck out "and" before "title III of the
United States-Singapore" and inserted before period at end ", and
title III of the United States-Australia Free Trade Agreement
Implementation Act". See Effective and Termination Dates of 2004
Amendments note below.
2003 - Subsec. (a)(8). Pub. L. 108-78, Secs. 107(c), 316, in
first sentence, temporarily struck out "and" before "title III of
the United States-Chile" and inserted before period at end ", and
title III of the United States-Singapore Free Trade Agreement
Implementation Act". See Effective and Termination Dates of 2003
Amendments note below.
Pub. L. 108-77, Secs. 107(c), 316, in first sentence, temporarily
struck out "and" before "title II" and inserted before period at
end ", and title III of the United States-Chile Free Trade
Agreement Implementation Act". See Effective and Termination Dates
of 2003 Amendments note below.
2001 - Subsec. (a)(8). Pub. L. 107-43, in first sentence,
temporarily substituted ", part 1" for "and part 1" and inserted
before period at end ", and title II of the United States-Jordan
Free Trade Area Implementation Act". See Effective and Termination
Dates of 2001 Amendment note below.
1996 - Subsec. (d)(4)(A)(i). Pub. L. 104-295 made technical
amendment to reference in original act which appears in text as
reference to subsection (b) of this section.
1994 - Subsec. (a)(2)(B)(ii). Pub. L. 103-465, Sec. 303(1),
struck out ", or at any time before the 150th day after the date of
filing be amended to request," after "request".
Subsec. (a)(8). Pub. L. 103-465, Sec. 301(a), inserted at end
"The Commission may request that parties providing confidential
business information furnish nonconfidential summaries thereof or,
if such parties indicate that the information in the submission
cannot be summarized, the reasons why a summary cannot be provided.
If the Commission finds that a request for confidentiality is not
warranted and if the party concerned is either unwilling to make
the information public or to authorize its disclosure in
generalized or summarized form, the Commission may disregard the
submission."
Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 303(2), substituted
"subsection (a)" for "subsection (b)".
Subsec. (b)(2)(A). Pub. L. 103-465, Sec. 301(d)(2)(A)(i),
inserted "(180 days if the petition alleges that critical
circumstances exist)" after "120 days".
Subsec. (b)(2)(B). Pub. L. 103-465, Sec. 301(d)(2)(A)(ii),
inserted "(210 days if the petition alleges that critical
circumstances exist)" after "150 days".
Subsec. (b)(3), (4). Pub. L. 103-465, Sec. 301(c), added par.
(3), struck out former par. (3) which provided time limits on
Commission determinations where petitioner alleged existence of
critical circumstances, and struck out former par. (4) which
provided for notice and hearings on any adjustment plan submitted
under subsec. (a) of this section.
Subsec. (c)(1)(B)(i). Pub. L. 103-465, Sec. 301(e)(1), inserted
"productivity," after "wages,".
Subsec. (c)(6). Pub. L. 103-465, Sec. 303(5), substituted
"section" for "subsection" in introductory provisions.
Subsec. (c)(6)(A). Pub. L. 103-465, Sec. 301(e)(2)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "The term 'domestic industry' includes producers located
in the United States insular possession."
Subsec. (c)(6)(C), (D). Pub. L. 103-465, Sec. 301(e)(2)(B), added
subpars. (C) and (D).
Subsec. (d)(1)(C)(i). Pub. L. 103-465, Sec. 303(3)(A),
substituted "subparagraph (B)" for "paragraph (2)".
Subsec. (d)(1)(E), (G). Pub. L. 103-465, Sec. 303(3)(B), struck
out "or threat thereof" after "the serious injury" wherever
appearing.
Subsec. (d)(2). Pub. L. 103-465, Sec. 301(d)(1), amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
"(2)(A) The Commission shall, at the same time it makes an
affirmative determination under subsection (b)(3)(A) of this
section regarding the existence of critical circumstances, find the
amount or extent of provisional relief that is appropriate to
address such critical circumstances. The Commission shall
immediately report to the President each such affirmative
determination and finding.
"(B) After receiving a report from the Commission under
subparagraph (A), the President shall, within 7 days after the day
on which the report is received and after taking into account the
finding of the Commission under subparagraph (A), proclaim such
provisional relief, if any, that the President considers
appropriate to address the critical circumstances."
Subsec. (d)(3). Pub. L. 103-465, Sec. 301(d)(4)(A), substituted
"(2)(D)" for "(2)(B)" and "paragraph (2)(A)" for "subsection (b)(1)
of this section".
Subsec. (d)(4)(A)(i). Pub. L. 103-465, Secs. 301(d)(4)(B),
303(4), inserted "or (2)(D)" after "(1)(G)" and substituted
"subsection (b) of this section" for "section 2253(a) of this
title".
Subsec. (f)(1). Pub. L. 103-465, Sec. 301(d)(2)(B), inserted
"(240 days if the petition alleges that critical circumstances
exist)" after "180 days".
Subsec. (f)(2)(G)(ii). Pub. L. 103-465, Sec. 303(6), substituted
"industry are located" for "industry is located".
Subsec. (h)(2). Pub. L. 103-465, Sec. 302(b)(4)(B), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: "If an
article was the subject of an investigation under this section that
resulted in any action described in section 2253(a)(3)(A), (B),
(C), or (E) of this title being taken under section 2253 of this
title, no other investigation under this part may be initiated with
respect to such article while such action is in effect or during
the period beginning on the date on which such action terminates
that is equal in duration to the period during which such action
was in effect."
Subsec. (h)(3). Pub. L. 103-465, Sec. 301(f), added par. (3).
Subsec. (i). Pub. L. 103-465, Sec. 301(b), added subsec. (i).
1993 - Subsec. (a)(8). Pub. L. 103-182, Sec. 317(b), added par.
(8).
Subsec. (d)(1)(A). Pub. L. 103-182, Sec. 315(1), inserted "or
citrus product" after "agricultural product" wherever appearing.
Subsec. (d)(1)(C). Pub. L. 103-182, Sec. 315(2), in cl. (i) and
provisions before subcl. (I), inserted "or citrus product" after
"agricultural product" wherever appearing and in provisions before
subcl. (I), inserted "or citrus product" after "competitive
perishable product".
Subsec. (d)(5). Pub. L. 103-182, Sec. 315(3), (4), added subpar.
(A) and redesignated former subpars. (A) and (B) as (B) and (C),
respectively.
1988 - Pub. L. 100-418, in amending section generally,
substituted provisions relating to investigations, determinations
and recommendations by Commission for provisions relating to
Presidential action after investigations. See section 2253 of this
title.
EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT
Amendment by Pub. L. 109-169 effective on the date on which the
United States-Bahrain Free Trade Agreement enters into force (Aug.
1, 2006) and to cease to be effective on the date on which the
Agreement terminates, see section 106(a), (c) of Pub. L. 109-169,
set out in a note under section 3805 of this title.
EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT
Amendment by Pub. L. 109-53 effective on the date the Dominican
Republic-Central America-United States Free Trade Agreement enters
into force (Mar. 1, 2006) and to cease to have effect on date
Agreement ceases to be in force with respect to the United States,
and, during any period in which a country ceases to be a CAFTA-DR
country, to cease to have effect with respect to such country, see
section 107 of Pub. L. 109-53, set out as an Effective and
Termination Dates note under section 4001 of this title.
EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENTS
Amendment by Pub. L. 108-302 effective on the date on which the
United States-Morocco Free Trade Agreement enters into force (July
1, 2005) and to cease to be effective on the date on which the
Agreement terminates, see section 107(a), (c) of Pub. L. 108-302,
set out in a note under section 3805 of this title.
Amendment by Pub. L. 108-286 effective on the date on which the
United States-Australia Free Trade Agreement enters into force
(Jan. 1, 2005) and to cease to be effective on the date on which
the Agreement terminates, see section 106(a), (c) of Pub. L. 108-
286, set out in a note under section 3805 of this title.
EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS
Amendment by Pub. L. 108-78 effective on the date the United
States-Singapore Free Trade Agreement enters into force (Jan. 1,
2004), and to cease to be effective on the date the Agreement
ceases to be in force, see section 107(a), (c) of Pub. L. 108-78,
set out in a note under section 3805 of this title.
Amendment by Pub. L. 108-77 effective on the date the United
States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
and to cease to be effective on the date the Agreement ceases to be
in force, see section 107(a), (c) of Pub. L. 108-77, set out in a
note under section 3805 of this title.
EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT
Amendment by Pub. L. 107-43 effective on the date the Agreement
between the United States of America and the Hashemite Kingdom of
Jordan on the Establishment of a Free Trade Area enters into force
(Dec. 17, 2001), and ceases to be effective on the date the
Agreement ceases to be in force, see section 404(a), (c), of Pub.
L. 107-43, set out in a note under section 2112 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 304 of title III of Pub. L. 103-465 provided that:
"(a) In General. - Except as provided in subsection (b), this
subtitle [subtitle A (Secs. 301-304) of title III of Pub. L. 103-
465, amending this section and sections 2253 and 2254 of this
title] and the amendments made by this subtitle take effect on the
date on which the WTO Agreement enters into force with respect to
the United States [Jan. 1, 1995].
"(b) Section 301(b). - The amendment made by section 301(b)
[amending this section] takes effect on the date of the enactment
of this Act [Dec. 8, 1994]."
EFFECTIVE DATES OF 1993 AMENDMENT
Amendment by Pub. L. 103-182 effective on the date the North
American Free Trade Agreement enters into force with respect to the
United States [Jan. 1, 1994], see section 318 of Pub. L. 103-182,
set out as an Effective Date note under section 3351 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
applicable with respect to investigations initiated under this part
on or after that date, see section 1401(c) of Pub. L. 100-418, set
out as a note under section 2251 of this title.
URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE
The Uruguay Round Agreements, including the World Trade
Organization Agreement and agreements annexed to that Agreement, as
referred to in section 3511(d) of this title, entered into force
with respect to the United States on Jan. 1, 1995. See note set out
under section 3511 of this title.
(!1) So in original. Probably should be "subsection".