§ 312. COMMISSION ACTION ON PETITION.
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Determination .— Not later than 120 days after the date on which an investigation is initiated under section 311(b) with respect to a petition, the Commission shall make the determination required under that section. Applicable Provisions .— For purposes of this subtitle, the provisions of paragraphs (1), (2), and
(3)of section 330(d) of the Tariff Act of 1930 ( 19 U.S.C. 1330(d) (1), (2), and (3)) shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section 202 of the Trade Act of 1974 ( 19 U.S.C. 2252 ). Additional Finding and Recommendation if Determination Affirmative.— In general .— If the determination made by the Commission under subsection
(a)with respect to imports of an article is affirmative, or if the President may consider a determination of the Commission to be an affirmative determination as provided for under paragraph
(1)of section 330(d) of the Tariff Act of 1930 ( 19 U.S.C. 1330(d)(1) ), the Commission shall find, and recommend to the President in the report required under subsection (d), the amount of import relief that is necessary to remedy or prevent the injury found by the Commission in the determination and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition. Limitation on relief .— The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c). Voting; separate views .— Only those members of the Commission who voted in the affirmative under subsection
(a)are eligible to vote on the proposed action to remedy or prevent the injury found by the Commission. Members of the Commission who did not vote in the affirmative may submit, in the report required under subsection (d), separate views regarding what action, if any, should be taken to remedy or prevent the injury. Report to President .— Not later than the date that is 30 days after the date on which a determination is made under subsection
(a)with respect to an investigation, the Commission shall submit to the President a report that includes— the determination made under subsection
(a)and an explanation of the basis for the determination; if the determination under subsection
(a)is affirmative, any findings and recommendations for import relief made under subsection
(c)and an explanation of the basis for each recommendation; and any dissenting or separate views by members of the Commission regarding the determination referred to in paragraph
(1)and any finding or recommendation referred to in paragraph (2). Public Notice .— Upon submitting a report to the President under subsection (d), the Commission shall promptly make public the report (with the exception of information which the Commission determines to be confidential) and shall publish a summary of the report in the Federal Register.
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