19 U.S.C. § 2253 : US Code - Section 2253: Action by President after determination of import injury

Search 19 U.S.C. § 2253 : US Code - Section 2253: Action by President after determination of import injury

(a) In general
(1)(A) After receiving a report under section 2252(f) of this
title containing an affirmative finding regarding serious injury,
or the threat thereof, to a domestic industry, the President shall
take all appropriate and feasible action within his power which the
President determines will facilitate efforts by the domestic
industry to make a positive adjustment to import competition and
provide greater economic and social benefits than costs.
(B) The action taken by the President under subparagraph (A)
shall be to such extent, and for such duration, subject to
subsection (e)(1) of this section, that the President determines to
be appropriate and feasible under such subparagraph.
(C) The interagency trade organization established under section
1872(a) of this title shall, with respect to each affirmative
determination reported under section 2252(f) of this title, make a
recommendation to the President as to what action the President
should take under subparagraph (A).
(2) In determining what action to take under paragraph (1), the
President shall take into account -
(A) the recommendation and report of the Commission;
(B) the extent to which workers and firms in the domestic
industry are -
(i) benefitting from adjustment assistance and other manpower
programs, and
(ii) engaged in worker retraining efforts;
(C) the efforts being made, or to be implemented, by the
domestic industry (including the efforts included in any
adjustment plan or commitment submitted to the Commission under
section 2252(a) of this title) to make a positive adjustment to
import competition;
(D) the probable effectiveness of the actions authorized under
paragraph (3) to facilitate positive adjustment to import
competition;
(E) the short- and long-term economic and social costs of the
actions authorized under paragraph (3) relative to their short-
and long-term economic and social benefits and other
considerations relative to the position of the domestic industry
in the United States economy;
(F) other factors related to the national economic interest of
the United States, including, but not limited to -
(i) the economic and social costs which would be incurred by
taxpayers, communities, and workers if import relief were not
provided under this part,
(ii) the effect of the implementation of actions under this
section on consumers and on competition in domestic markets for
articles, and
(iii) the impact on United States industries and firms as a
result of international obligations regarding compensation;
(G) the extent to which there is diversion of foreign exports
to the United States market by reason of foreign restraints;
(H) the potential for circumvention of any action taken under
this section;
(I) the national security interests of the United States; and
(J) the factors required to be considered by the Commission
under section 2252(e)(5) of this title.
(3) The President may, for purposes of taking action under
paragraph (1) -
(A) proclaim an increase in, or the imposition of, any duty on
the imported article;
(B) proclaim a tariff-rate quota on the article;
(C) proclaim a modification or imposition of any quantitative
restriction on the importation of the article into the United
States;
(D) implement one or more appropriate adjustment measures,
including the provision of trade adjustment assistance under part
2 of this subchapter;
(E) negotiate, conclude, and carry out agreements with foreign
countries limiting the export from foreign countries and the
import into the United States of such article;
(F) proclaim procedures necessary to allocate among importers
by the auction of import licenses quantities of the article that
are permitted to be imported into the United States;
(G) initiate international negotiations to address the
underlying cause of the increase in imports of the article or
otherwise to alleviate the injury or threat thereof;
(H) submit to Congress legislative proposals to facilitate the
efforts of the domestic industry to make a positive adjustment to
import competition;
(I) take any other action which may be taken by the President
under the authority of law and which the President considers
appropriate and feasible for purposes of paragraph (1); and
(J) take any combination of actions listed in subparagraphs (A)
through (I).
(4)(A) Subject to subparagraph (B), the President shall take
action under paragraph (1) within 60 days (50 days if the President
has proclaimed provisional relief under section 2252(d)(2)(D) of
this title with respect to the article concerned) after receiving a
report from the Commission containing an affirmative determination
under section 2252(b)(1) of this title (or a determination under
such section which he considers to be an affirmative determination
by reason of section 1330(d) of this title).
(B) If a supplemental report is requested under paragraph (5),
the President shall take action under paragraph (1) within 30 days
after the supplemental report is received, except that, in a case
in which the President has proclaimed provisional relief under
section 2252(d)(2)(D) of this title with respect to the article
concerned, action by the President under paragraph (1) may not be
taken later than the 200th day after the provisional relief was
proclaimed.
(5) The President may, within 15 days after the date on which he
receives a report from the Commission containing an affirmative
determination under section 2252(b)(1) of this title, request
additional information from the Commission. The Commission shall,
as soon as practicable but in no event more than 30 days after the
date on which it receives the President's request, furnish
additional information with respect to the industry in a
supplemental report.
(b) Reports to Congress
(1) On the day the President takes action under subsection (a)(1)
of this section, the President shall transmit to Congress a
document describing the action and the reasons for taking the
action. If the action taken by the President differs from the
action required to be recommended by the Commission under section
2252(e)(1) of this title, the President shall state in detail the
reasons for the difference.
(2) On the day on which the President decides that there is no
appropriate and feasible action to take under subsection (a)(1) of
this section with respect to a domestic industry, the President
shall transmit to Congress a document that sets forth in detail the
reasons for the decision.
(3) On the day on which the President takes any action under
subsection (a)(1) of this section that is not reported under
paragraph (1), the President shall transmit to Congress a document
setting forth the action being taken and the reasons therefor.
(c) Implementation of action recommended by Commission
If the President reports under subsection (b)(1) or (2) of this
section that -
(1) the action taken under subsection (a)(1) of this section
differs from the action recommended by the Commission under
section 2252(e)(1) of this title; or
(2) no action will be taken under subsection (a)(1) of this
section with respect to the domestic industry;
the action recommended by the Commission shall take effect (as
provided in subsection (d)(2) of this section) upon the enactment
of a joint resolution described in section 2192(a)(1)(A) of this
title within the 90-day period beginning on the date on which the
document referred to in subsection (b)(1) or (2) of this section is
transmitted to the Congress.
(d) Time for taking effect of certain relief
(1) Except as provided in paragraph (2), any action described in
subsection (a)(3)(A), (B), or (C) of this section, that is taken
under subsection (a)(1) of this section shall take effect within 15
days after the day on which the President proclaims the action,
unless the President announces, on the date he decides to take such
action, his intention to negotiate one or more agreements described
in subsection (a)(3)(E) of this section in which case the action
under subsection (a)(3)(A), (B), or (C) of this section shall be
proclaimed and take effect within 90 days after the date of such
decision.
(2) If the contingency set forth in subsection (c) of this
section occurs, the President shall, within 30 days after the date
of the enactment of the joint resolution referred to in such
subsection, proclaim the action recommended by the Commission under
section 2252(e)(1) of this title.
(e) Limitations on actions
(1)(A) Subject to subparagraph (B), the duration of the period in
which an action taken under this section may be in effect shall not
exceed 4 years. Such period shall include the period, if any, in
which provisional relief under section 2252(d) of this title was in
effect.
(B)(i) Subject to clause (ii), the President, after receiving an
affirmative determination from the Commission under section 2254(c)
of this title (or, if the Commission is equally divided in its
determination, a determination which the President considers to be
an affirmative determination of the Commission), may extend the
effective period of any action under this section if the President
determines that -
(I) the action continues to be necessary to prevent or remedy
the serious injury; and
(II) there is evidence that the domestic industry is making a
positive adjustment to import competition.
(ii) The effective period of any action under this section,
including any extensions thereof, may not, in the aggregate, exceed
8 years.
(2) Action of a type described in subsection (a)(3)(A), (B), or
(C) of this section may be taken under subsection (a)(1) of this
section, under section 2252(d)(1)(G) of this title, or under
section 2252(d)(2)(D) of this title only to the extent the
cumulative impact of such action does not exceed the amount
necessary to prevent or remedy the serious injury.
(3) No action may be taken under this section which would
increase a rate of duty to (or impose a rate) which is more than 50
percent ad valorem above the rate (if any) existing at the time the
action is taken.
(4) 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 average quantity
or value of such article entered into the United States in the most
recent 3 years that are representative of imports of such article
and for which data are available, unless the President finds that
the importation of a different quantity or value is clearly
justified in order to prevent or remedy the serious injury.
(5) An action described in subsection (a)(3)(A), (B), or (C) of
this section that has an effective period of more than 1 year shall
be phased down at regular intervals during the period in which the
action is in effect.
(6)(A) The suspension, pursuant to any action taken under this
section, of -
(i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized
Tariff Schedule of the United States with respect to an article;
and
(ii) the designation of any article as an eligible article for
purposes of subchapter V of this chapter;
shall be treated as an increase in duty.
(B) No proclamation providing for a suspension referred to in
subparagraph (A) with respect to any article may be made by the
President, nor may any such suspension be recommended by the
Commission under section 2252(e) of this title, unless the
Commission, in addition to making an affirmative determination
under section 2252(b)(1) of this title, determines in the course of
its investigation under section 2252(b) of this title that the
serious injury, or threat thereof, substantially caused by imports
to the domestic industry producing a like or directly competitive
article results from, as the case may be -
(i) the application of subheading 9802.00.60 or subheading
9802.00.80 of the Harmonized Tariff Schedule of the United
States; or
(ii) the designation of the article as an eligible article for
the purposes of subchapter V of this chapter.
(7)(A) If an article was the subject of an action under
subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this
section, no new action may be taken under any of those
subparagraphs with respect to such article for -
(i) a period beginning on the date on which the previous action
terminates that is equal to the period in which the previous
action was in effect, or
(ii) a period of 2 years beginning on the date on which the
previous action terminates,
whichever is greater.
(B) Notwithstanding subparagraph (A), if the previous action
under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of
this section with respect to an article was in effect for a period
of 180 days or less, the President may take a new action under any
of those subparagraphs with respect to such article if -
(i) at least 1 year has elapsed since the previous action went
into effect; and
(ii) an action described in any of those subparagraphs has not
been taken with respect to such article more than twice in the 5-
year period immediately preceding the date on which the new
action with respect to such article first becomes effective.
(f) Certain agreements
(1) If the President takes action under this section other than
the implemention (!1) of agreements of the type described in
subsection (a)(3)(E) of this section, the President may, after such
action takes effect, negotiate agreements of the type described in
subsection (a)(3)(E) of this section, and may, after such
agreements take effect, suspend or terminate, in whole or in part,
any action previously taken.
(2) If an agreement implemented under subsection (a)(3)(E) of
this section is not effective, the President may, consistent with
the limitations contained in subsection (e) of this section, take
additional action under subsection (a) of this section.
(g) Regulations
(1) The President shall by regulation provide for the efficient
and fair administration of all actions taken for the purpose of
providing import relief under this part.
(2) In order to carry out an international agreement concluded
under this part, the President may prescribe regulations governing
the entry or withdrawal from warehouse of articles covered by such
agreement. In addition, in order to carry out any agreement of the
type described in subsection (a)(3)(E) of this section that is
concluded under this part with one or more countries accounting for
a major part of United States imports of the article covered by
such agreement, including imports into a major geographic area of
the United States, the President may issue regulations governing
the entry or withdrawal from warehouse of like articles which are
the product of countries not parties to such agreement.
(3) Regulations prescribed under this subsection shall, to the
extent practicable and consistent with efficient and fair
administration, insure against inequitable sharing of imports by a
relatively small number of the larger importers.