§ 302. RELIEF FROM IMPORTS.
1,676 words·~8 min read·
/usc/title-19/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Relief From Imports of Canadian Articles.— A petition requesting action under this section for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the United States International Trade Commission (hereafter in this section referred to as the ‘Commission’) by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. The Commission shall transmit a copy of any petition filed under this paragraph to the United States Trade Representative.
Upon the filing of a petition under paragraph (1), the Commission shall promptly initiate an investigation to determine whether, as a result of a reduction or elimination of a duty provided for under the United States-Canada Free-Trade Agreement, an article originating in Canada is being imported into the United States in such increased quantities, in absolute terms, and under such conditions, so that imports of such Canadian article, alone, constitute a substantial cause of serious injury to the domestic industry producing an article like, or directly competitive with, the imported article.
The provisions of— paragraphs (2), (3), (4), (6), and
(7)of subsection (b), other than paragraph (2)(B), and subsection (c), of section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 ), as in effect on June 1, 1988 , shall apply with respect to any investigation initiated under subparagraph (A). By no later than the date that is 120 days after the date on which an investigation is initiated under subparagraph (A), the Commission shall make a determination under subparagraph
(A)with respect to such investigation. If the determination made by the Commission under subparagraph
(A)with respect to imports of an article is affirmative, the Commission shall find and recommend to the President the amount of import relief that is necessary to remedy the injury found by the Commission in such affirmative determination, which shall be limited to that set forth in paragraph (3)(C). By no later than the date that is 30 days after the date on which a determination is made under subparagraph
(A)with respect to an investigation, the Commission shall submit to the President a report on the determination and the basis for the determination. The report shall include any dissenting or separate views and a transcript of the hearings and any briefs which were submitted to the Commission in the course of the investigation initiated under subparagraph (A). Any finding made under subparagraph
(D)shall be included in the report submitted to the President under clause (i). Upon submitting a report to the President under subparagraph (E), the Commission shall promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Register. For purposes of this subsection— The provisions of paragraphs (1), (2), and
(3)of section 330(d) of the Tariff Act of 1930 ( 19 U.S.C. 1330(d) ) shall be applied with respect to determinations and findings made under this paragraph as if such determinations and findings were made under section 201 of the Trade Act of 1974 ( 19 U.S.C. 2251 ). The determination of whether an article originates in Canada shall be made in accordance with section 202 (including any proclamations issued under section 202). By 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 made by the Commission under paragraph (2)(A), the President shall provide relief from imports of the article originating in Canada that is the subject of such determination to the extent that, and for such time (not to exceed 3 years) as the President determines to be necessary to remedy the injury found by the Commission. The President is not required to provide import relief by reason of this paragraph if the President determines that the provision of such import relief is not in the national economic interest. The import relief that the President is authorized to provide by reason of this paragraph with respect to an article originating in Canada is limited to— the suspension of any further reductions provided for under the Agreement in the duty imposed on such article originating in Canada, an increase in the rate of duty imposed on such article originating in Canada to a level that does not exceed the lesser of— the general subcolumn of the column 1 rate of duty set forth in the Harmonized Tariff Schedule of the United States that is imposed by the United States on such article from any other foreign country at the time such import relief is provided, or the general subcolumn of the column 1 rate of duty set forth in the Harmonized Tariff Schedule of the United States that is imposed by the United States on such article from any other foreign country on the day before the date on which the Agreement enters into force [ Jan. 1, 1989 ], or in the case of a duty applied on a seasonal basis to such article originating in Canada, an increase in the rate of duty imposed on such article originating in Canada to a level that does not exceed the general subcolumn of the column 1 rate of duty set forth in the Harmonized Tariff Schedule of the United States imposed by the United States on such article originating in Canada for the corresponding season immediately prior to the date on which the Agreement enters into force. No investigation may be initiated under paragraph (2)(A) with respect to any article for which import relief has been provided under this subsection. No import relief may be provided under this subsection after the date that is 10 years after the date on which the Agreement enters into force [ Jan. 1, 1989 ]. For purposes of section 123 of the Trade Act of 1974 ( 19 U.S.C. 2133 ), any import relief provided by the President under paragraph
(3)shall be treated as action taken under chapter I [1] of title II of such Act [ 19 U.S.C. 2251 et seq.]. Relief From Imports From All Countries.— If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974 [ 19 U.S.C. 2251 et seq.], the Commission makes an affirmative determination (or a determination which is treated as an affirmative determination under such chapter by reason of section 330(d) of the Tariff Act of 1930 [ 19 U.S.C. 1330(d) ]) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry, the Commission shall also find (and report to the President at the time such injury determination is submitted to the President), whether imports from Canada of the article that is the subject of such investigation are substantial and are contributing importantly to such injury or threat thereof. In determining under subparagraph
(A)whether imports of an article from Canada are substantial, the Commission shall not normally consider imports from Canada in the range of 5 to 10 percent or less of total imports of such article to be substantial. For purposes of this paragraph, the term ‘contributing importantly’ means an important cause, but not necessarily the most important cause, of the serious injury or threat thereof caused by imports. In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 with respect to imports from Canada, the President shall determine whether imports from Canada of such article are substantial and contributing importantly to the serious injury or threat of serious injury found by the Commission. In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974, the President shall exclude from such action imports from Canada if the President has made a negative determination under subparagraph
(A)regarding imports from Canada. If, under paragraph (2)(B), the President excludes imports from Canada from action taken under chapter 1 of title II of the Trade Act of 1974, the President may, if the President thereafter determines that a surge in imports from Canada of the article that is the subject of the action is undermining the effectiveness of the action, take appropriate action under such chapter with respect to such imports from Canada to include such imports in such action. If, under paragraph (2)(B), the President excludes imports from Canada from action taken under chapter 1 of title II of the Trade Act of 1974, any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry for which such action is being taken under such chapter may request the Commission to conduct an investigation of imports from Canada of the article that is the subject of such action. Upon receiving a request under clause (i), the Commission shall conduct an investigation to determine whether a surge in imports from Canada of the article that is the subject of action being taken under chapter 1 of title II of the Trade Act of 1974 undermines the effectiveness of such action. The Commission shall submit the findings of such investigation to the President by no later than the date that is 30 days after the date on which such request is received by the Commission. For purposes of this paragraph, the term ‘surge’ means a significant increase in imports over the trend for a reasonable, recent base period for which data are available. Any entity that is representative of an industry may submit a petition for relief under subsection (a), under chapter 1 of title II of the Trade Act of 1974, or under both subsection
(a)and such chapter at the same time. If petitions are submitted by such an entity under subsection
(a)and such chapter at the same time, the Commission shall consider such petitions jointly.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources