19 U.S.C. § 2254 : US Code - Section 2254: Monitoring, modification, and termination of action

Search 19 U.S.C. § 2254 : US Code - Section 2254: Monitoring, modification, and termination of action

(a) Monitoring
(1) So long as any action taken under section 2253 of this title
remains in effect, the Commission shall monitor developments with
respect to the domestic industry, including the progress and
specific efforts made by workers and firms in the domestic industry
to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under
section 2253 of this title is in effect exceeds 3 years, or if an
extension of such action exceeds 3 years, the Commission shall
submit a report on the results of the monitoring under paragraph
(1) to the President and to the Congress not later than the date
that is the mid-point of the initial period, and of each such
extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2),
the Commission shall hold a hearing at which interested persons
shall be given a reasonable opportunity to be present, to produce
evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise
the President of its judgment as to the probable economic effect on
the industry concerned of any reduction, modification, or
termination of the action taken under section 2253 of this title
which is under consideration.
(b) Reduction, modification, and termination of action
(1) Action taken under section 2253 of this title may be reduced,
modified, or terminated by the President (but not before the
President receives the report required under subsection (a)(2)(A)
of this section) if the President -
(A) after taking into account any report or advice submitted by
the Commission under subsection (a) of this section and after
seeking the advice of the Secretary of Commerce and the Secretary
of Labor, determines, on the basis that either -
(i) the domestic industry has not made adequate efforts to
make a positive adjustment to import competition, or
(ii) the effectiveness of the action taken under section 2253
of this title has been impaired by changed economic
circumstances,
that changed circumstances warrant such reduction, or
termination; or
(B) determines, after a majority of the representatives of the
domestic industry submits to the President a petition requesting
such reduction, modification, or termination on such basis, that
the domestic industry has made a positive adjustment to import
competition.
(2) Notwithstanding paragraph (1), the President is authorized to
take such additional action under section 2253 of this title as may
be necessary to eliminate any circumvention of any action
previously taken under such section.
(3) Notwithstanding paragraph (1), the President may, after
receipt of a Commission determination under section 3538(a)(4) of
this title and consulting with the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate, reduce, modify, or terminate action taken under section
2253 of this title.
(c) Extension of action
(1) Upon request of the President, or upon petition on behalf of
the industry concerned 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 any action taken under section 2253 of this
title is to terminate, the Commission shall investigate to
determine whether action under section 2253 of this title continues
to be necessary to prevent or remedy serious injury and whether
there is evidence that the industry is making a positive adjustment
to import competition.
(2) The Commission shall publish notice of the commencement of
any proceeding under this subsection 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.
(3) The Commission shall transmit to the President a report on
its investigation and determination under this subsection not later
than 60 days before the action under section 2253 of this title is
to terminate, unless the President specifies a different date.
(d) Evaluation of effectiveness of action
(1) After any action taken under section 2253 of this title has
terminated, the Commission shall evaluate the effectiveness of the
actions in facilitating positive adjustment by the domestic
industry to import competition, consistent with the reasons set out
by the President in the report submitted to the Congress under
section 2253(b) of this title.
(2) During the course of the evaluation conducted under paragraph
(1), the Commission shall, after reasonable public notice, hold a
hearing on the effectiveness of the action. All interested persons
shall have the opportunity to attend such hearing and to present
evidence or testimony at such hearing.
(3) A report on the evaluation made under paragraph (1) and the
hearings held under paragraph (2) shall be submitted by the
Commission to the President and to the Congress by no later than
the 180th day after the day on which the actions taken under
section 2253 of this title terminated.
(e) Other provisions
(1) Action by the President under this part may be taken without
regard to the provisions of section 2136(a) of this title but only
after consideration of the relation of such actions to the
international obligations of the United States.
(2) If the Commission treats as the domestic industry production
located in a major geographic area of the United States under
section 2252(c)(4)(C) of this title, then the President shall take
into account the geographic concentration of domestic production
and of imports in that area in taking any action authorized under
paragraph (1).