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Code · U.S. Code · Title 19 - CUSTOMS DUTIES · CHAPTER 24— BIPARTISAN TRADE PROMOTION AUTHORITY · Part 1— Rates of Duty and Other Trade Barriers · § 213

§ 213. PROVISION OF RELIEF.

560 words·~3 min read·/usc/title-19/section-213

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In General .— No later than the date that is 30 days after the date on which the President receives the report of the Commission containing an affirmative determination of the Commission under section 212(a), the President shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to prevent or remedy the injury found by the Commission and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition, unless the President determines that the provision of such relief is not in the national economic interest of the United States or, in extraordinary circumstances, that the provision of such relief would cause serious harm to the national security of the United States.
National Economic Interest .— The President may determine under subsection
(a)that providing import relief is not in the national economic interest of the United States only if the President finds that taking such action would have an adverse impact on the United States economy clearly greater than the benefits of taking such action. Nature of Relief .— The import relief (including provisional relief) that the President is authorized to provide under this subtitle with respect to imports of an article is— the suspension of any further reduction provided for under the United States Schedule to Annex 2.1 of the Agreement in the duty imposed on that article; an increase in the rate of duty imposed on such article to a level that does not exceed the lesser of— the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or 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; or in the case of a duty applied on a seasonal basis to that article, an increase in the rate of duty imposed on the article to a level that does not exceed the column 1 general rate of duty imposed under the HTS on the article for the corresponding season occurring immediately before the date on which the Agreement enters into force. Period of Relief .— The import relief that the President is authorized to provide under this section may not exceed 4 years. Rate After Termination of Import Relief .— When import relief under this subtitle is terminated with respect to an article— the rate of duty on that article after such termination and on or before December 31 of the year in which termination occurs shall be the rate that, according to the United States Schedule to Annex 2.1 of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the initiation of the import relief action under section 211; and the tariff treatment for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either— the rate of duty conforming to the applicable rate set out in the United States Schedule to Annex 2.1; or the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the United States Schedule to Annex 2.1 for the elimination of the tariff.
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