Sec. 251. PETITIONS AND DETERMINATIONS
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## SEC. 251 PETITIONS AND DETERMINATIONS ###
(a)A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the “Secretary”) by a firm (including any agricultural firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. ###
(b)If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection
(a)a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. ###
(c)####
(1)The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this chapter if the Secretary determines— #####
(A)that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated, #####
(B)that— ######
(i)sales or production, or both, of the firm have decreased absolutely, or ######
(ii)sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and ##### (C)11 increases of imports of articles like or directly competitive with articles which are produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. 11Section 1421(b)(2) of Pub. L. 100–418 (102 Stat. 1244) amends subparagraph
(C)of section 251(c)(1) to read as follows: ``(C) increases of imports of articles like or directly competitive with articles— ``(i) which are produced by such firm, or ``(ii) for which such firm provides essential goods or essential services, contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.''. The amendment did not become effective pursuant to section 1430(d) of such Public Law (102 Stat. 1257). See notes for section 1430 of Pub. L. 100–418 (as amended) set out in section 2397 of title 19, United States Code, and the determination by the President that certain import fees are not in the national economic interest. ####
(2)For purposes of paragraph (1)(C)— #####
(A)The term “**contributed importantly**” means a cause which is important but not necessarily more important than any other cause. #####
(B)######
(i)Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas. ######
(ii)Any firm that engages in exploration or drilling for oil or natural gas, or otherwise producing articles directly competitive with imports of oil and with imports of natural gas. ###
(d)A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date. **[**[19 U.S.C. 2341](/us/usc/t19/s2341)**]**
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- Pub. L. 100-418
- 102 Stat. 1244
- 102 Stat. 1257
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Sec. 251
PETITIONS AND DETERMINATIONS
Pub. L.Pub. L. 100-418
Stat.102 Stat. 1244
Stat.102 Stat. 1257
Cites 4Cited by 0 across 0 sources