19 USC § 3805 Implementation of trade agreements | United States Code | US Law

19 USC § 3805

Implementation of trade agreements

through Pub. L. 116-282, except Pub. L. 116-260

USC

(a) In general

(1) Notification and submission
Any agreement entered into under section 3803(b) of this title shall enter into force with respect to the United States if (and only if)—

(A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register;

(B) within 60 days after entering into the agreement, the President submits to the Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement;

(C) after entering into the agreement, the President submits to the Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with—

(i) a draft of an implementing bill described in section 3803(b)(3) of this title;

(ii) a statement of any administrative action proposed to implement the trade agreement; and

(iii) the supporting information described in paragraph (2); and

(D) the implementing bill is enacted into law.

(2) Supporting information
The supporting information required under paragraph (1)(C)(iii) consists of—

(A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and

(B) a statement—

(i) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this chapter; and

(ii) setting forth the reasons of the President regarding—

(I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i);

(II) whether and how the agreement changes provisions of an agreement previously negotiated;

(III) how the agreement serves the interests of United States commerce;

(IV) how the implementing bill meets the standards set forth in section 3803(b)(3) of this title; and

(V) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 3802(c) of this title regarding the promotion of certain priorities.

(3) Reciprocal benefits
In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3803(b) of this title does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement.

(4) Disclosure of commitments
Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that—

(A) relates to a trade agreement with respect to which the Congress enacts an implementing bill under trade authorities procedures, and

(B) is not disclosed to the Congress before an implementing bill with respect to that agreement is introduced in either House of Congress,

shall not be considered to be part of the agreement approved by the Congress and shall have no force and effect under United States law or in any dispute settlement body.

(b) Limitations on trade authorities procedures

(1) For lack of notice or consultations

(A) In general
The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3803(b) of this title if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements.

(B) Procedural disapproval resolution

(i) For purposes of this paragraph, the term "procedural disapproval resolution" means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: "That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to ____________ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.", with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult.

(ii) For purposes of clause (i), the President has "failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002" on negotiations with respect to a trade agreement or trade agreements if—

(I) the President has failed or refused to consult (as the case may be) in accordance with section 3804 of this title or this section with respect to the negotiations, agreement, or agreements;

(II) guidelines under section 3807(b) of this title have not been developed or met with respect to the negotiations, agreement, or agreements;

(III) the President has not met with the Congressional Oversight Group pursuant to a request made under section 3807(c) of this title with respect to the negotiations, agreement, or agreements; or

(IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this chapter.

(2) Procedures for considering resolutions

(A) Procedural disapproval resolutions—

(i) in the House of Representatives—

(I) may be introduced by any Member of the House;

(II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and

(III) may not be amended by either Committee; and

(ii) in the Senate—

(I) may be introduced by any Member of the Senate;

(II) shall be referred to the Committee on Finance; and

(III) may not be amended.

(B) The provisions of section 2192(d) and (e) of this title (relating to the floor consideration of certain resolutions in the House and Senate) apply to a procedural disapproval resolution introduced with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, and if no resolution described in section 3804(d)(3)(C)(ii) of this title with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to the procedures set forth in clauses (iii) through (vi) of such section 3804(d)(3)(C) of this title.

(C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules.

(D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance.

(3) For failure to meet other requirements
Not later than December 31, 2002, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to the Congress a report setting forth the strategy of the executive branch to address concerns of the Congress regarding whether dispute settlement panels and the Appellate Body of the WTO have added to obligations, or diminished rights, of the United States, as described in section 3801(b)(3) of this title. Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the WTO unless the Secretary of Commerce has issued such report in a timely manner.

(c) Rules of House of Representatives and Senate
Subsection (b) of this section, section 3803(c) of this title, and section 3804(d)(3)(C) of this title are enacted by the Congress—

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and

(2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

References in Text

The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (b)(1)(B), is title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.

Amendments

2004—Subsec. (c). Pub. L. 108–429 substituted "and" for "aand" in introductory provisions.

Delegation of Functions

For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.

United States–Panama Trade Promotion Agreement Implementation Act

Pub. L. 112–43, Oct. 21, 2011, 125 Stat. 497, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States–Panama Trade Promotion Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the free trade agreement between the United States and Panama entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Panama for their mutual benefit;

"(3) to establish free trade between the United States and Panama through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States–Panama Trade Promotion Agreement approved by Congress under section 101(a)(1).

"(2) Commission.—The term 'Commission' means the United States International Trade Commission.

"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"(4) Textile or apparel good.—The term 'textile or apparel good' means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), other than a good listed in Annex 3.30 of the Agreement.

"Subtitle A—Relief From Imports Benefitting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(a) Filing of Petition.—A petition requesting action under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Panamanian article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Panamanian article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Panamanian article if, after the date on which the Agreement enters into force [Oct. 31, 2012], import relief has been provided with respect to that Panamanian article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(a) 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.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(1) 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.

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c).

"(3) 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.

"(d) 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—

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(2) 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

"(3) 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).

"(e) 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.

"SEC. 313. PROVISION OF RELIEF.

"(a) In General.—Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission's determination under section 312(a) is affirmative, or which contains a determination under section 312(a) that the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the President, subject to subsection (b), shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to remedy or prevent the injury found by the Commission and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition.

"(b) Exception.—The President is not required to provide import relief under this section if the President determines that the provision of the import relief will not provide greater economic and social benefits than costs.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 3.3 of the Agreement in the duty imposed on the article.

"(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Oct. 31, 2012].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.3 of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not, in the aggregate, be in effect for more than 4 years.

"(2) Extension.—

"(A) In general.—If the initial period for any import relief provided under this section is less than 4 years, the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), if the President determines that—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(i) Investigation.—Upon a petition on behalf of the industry concerned that is filed with the Commission not earlier than the date that is 9 months, and not later than the date that is 6 months, before the date on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

"(ii) Notice and hearing.—The Commission shall publish notice of the commencement of any proceeding under this subparagraph 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.

"(iii) Report.—The Commission shall submit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article—

"(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 3.3 of the Agreement, would have been in effect 1 year after the provision of relief under subsection (a); and

"(2) the rate of duty for that article after December 31 of the year in which such termination occurs shall be, at the discretion of the President, either—

"(A) the applicable rate of duty for that article set forth in the Schedule of the United States to Annex 3.3 of the Agreement; or

"(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set forth in the Schedule of the United States to Annex 3.3 of the Agreement for the elimination of the tariff.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on—

"(1) any article that is subject to import relief under—

"(A) subtitle B; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or

"(2) any article on which an additional duty assessed under section 202(b) is in effect.

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(a) General Rule.—Subject to subsection (b), no import relief may be provided under this subtitle after the date that is 10 years after the date on which the Agreement enters into force [Oct. 31, 2012].

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set forth in the Schedule of the United States to Annex 3.3 of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which that period ends.

"SEC. 315. COMPENSATION AUTHORITY.

"For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(a) In General.—A request for action under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the President by an interested party. Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall publish in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the elimination of a duty under the Agreement, a Panamanian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, no one of which is necessarily decisive; and

"(B) shall not consider changes in consumer preference or changes in technology as factors supporting a determination of serious damage or actual threat thereof.

"(3) Deadline for determination.—The President shall make the determination under paragraph (1) not later than 30 days after the completion of any consultations held pursuant to article 3.24.4 of the Agreement.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.

"(2) Nature of relief.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Oct. 31, 2012].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), any import relief that the President provides under section 322(b) may not, in the aggregate, be in effect for more than 3 years.

"(b) Extension.—If the initial period for any import relief provided under section 322 is less than 3 years, the President may extend the effective period of any import relief provided under that section, subject to the limitation set forth in subsection (a), if the President determines that—

"(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(2) there is evidence that the industry is making a positive adjustment to import competition.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to an article if—

"(1) import relief previously has been provided under this subtitle with respect to that article; or

"(2) the article is subject to import relief under—

"(A) subtitle A; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"On the date on which import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect but for the provision of such relief.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to any article after the date that is 5 years after the date on which the Agreement enters into force [Oct. 31, 2012].

"SEC. 327. COMPENSATION AUTHORITY.

"For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).

"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

"The President may not release information received in connection with an investigation or determination under this subtitle which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information, the party shall also provide a nonconfidential version of the information in which the confidential business information is summarized or, if necessary, deleted.

"Subtitle C—Cases Under Title II of the Trade Act of 1974

"SEC. 331. FINDINGS AND ACTION ON PANAMANIAN ARTICLES.

"(a) Effect of Imports.—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 the President may treat 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))), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the Panamanian article are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Imports of Panamanian Articles.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the President may exclude from the action Panamanian articles with respect to which the Commission has made a negative finding under subsection (a).

United States–Colombia Trade Promotion Agreement Implementation Act

Pub. L. 112–42, Oct. 21, 2011, 125 Stat. 462, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States–Colombia Trade Promotion Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the free trade agreement between the United States and Colombia entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Colombia for their mutual benefit;

"(3) to establish free trade between the United States and Colombia through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States–Colombia Trade Promotion Agreement approved by Congress under section 101(a)(1).

"(2) Commission.—The term 'Commission' means the United States International Trade Commission.

"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefitting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Colombian article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Colombian article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Colombian article if, after the date on which the Agreement enters into force [May 15, 2012], import relief has been provided with respect to that Colombian article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c).

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) 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).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2.3 of the Agreement in the duty imposed on the article.

"(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [May 15, 2012].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.2 of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 2 years.

"(2) Extension.—

"(A) In general.—Subject to subparagraph (C), the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), may extend the effective period of any import relief provided under this section by up to 2 years, if the President determines that—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(C) Period of import relief.—Any import relief provided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 4 years.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article—

"(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 2.3 of the Agreement, would have been in effect 1 year after the provision of relief under subsection (a); and

"(2) the rate of duty for that article after December 31 of the year in which such termination occurs shall be, at the discretion of the President, either—

"(A) the applicable rate of duty for that article set forth in the Schedule of the United States to Annex 2.3 of the Agreement; or

"(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set forth in the Schedule of the United States to Annex 2.3 of the Agreement for the elimination of the tariff.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on—

"(1) any article that is subject to import relief under—

"(A) subtitle B; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or

"(2) any article on which an additional duty assessed under section 202(b) is in effect.

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set forth in the Schedule of the United States to Annex 2.3 of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which that period ends.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the elimination of a duty under the Agreement, a Colombian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and losses, and investment, no one of which is necessarily decisive; and

"(B) shall not consider changes in consumer preference or changes in technology in the United States as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [May 15, 2012].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President provides under section 322(b) may not be in effect for more than 2 years.

"(b) Extension.—

"(1) In general.—Subject to paragraph (2), the President may extend the effective period of any import relief provided under this subtitle for a period of not more than 1 year, if the President determines that—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 3 years.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to an article if—

"(1) import relief previously has been provided under this subtitle with respect to that article; or

"(2) the article is subject to import relief under—

"(A) subtitle A; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to any article after the date that is 5 years after the date on which the Agreement enters into force [May 15, 2012].

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

"Subtitle C—Cases Under Title II of the Trade Act of 1974

"SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTICLES.

"(a) Effect of Imports.—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 the President may treat 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)), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the Colombian article are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Colombian Articles.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the President may exclude from the action Colombian articles with respect to which the Commission has made a negative finding under subsection (a).

United States–Korea Free Trade Agreement Implementation Act

Pub. L. 112–41, Oct. 21, 2011, 125 Stat. 428, as amended by Pub. L. 114–27, title VIII, §§801(b), 802(b), June 29, 2015, 129 Stat. 414, 415; Pub. L. 114–125, title IX, §920(b), Feb. 24, 2016, 130 Stat. 281; Pub. L. 115–31, div. M, title I, §105(b), May 5, 2017, 131 Stat. 804; Pub. L. 115–123, div. C, title II, §30201(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–141, div. U, title I, §107(a), Mar. 23, 2018, 132 Stat. 1171; Pub. L. 115–334, title XII, §12606, Dec. 20, 2018, 132 Stat. 5006; Pub. L. 116–37, title IV, §401(b), Aug. 2, 2019, 133 Stat. 1058; Pub. L. 116–164, §3(b), Oct. 10, 2020, 134 Stat. 758, provided that:

"SECTION 1. SHORT TITLE.

"(a) Short Title.—This Act may be cited as the 'United States–Korea Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the free trade agreement between the United States and Korea entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to secure the benefits of the agreement entered into pursuant to an exchange of letters between the United States and the Government of Korea on February 10, 2011;

"(3) to strengthen and develop economic relations between the United States and Korea for their mutual benefit;

"(4) to establish free trade between the United States and Korea through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(5) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States–Korea Free Trade Agreement approved by Congress under section 101(a)(1).

"(2) Commission.—The term 'Commission' means the United States International Trade Commission.

"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"(4) Korea.—The term 'Korea' means the Republic of Korea.

"(5) Textile or apparel good.—The term 'textile or apparel good' means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).

"Subtitle A—Relief From Imports Benefitting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(a) Filing of Petition.—

"(1) In general.—A petition requesting action under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit a copy of any petition filed under this subsection to the United States Trade Representative.

"(2) Provisional relief.—An entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a)).

"(3) Critical circumstances.—Any allegation that critical circumstances exist shall be included in the petition.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Korean article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Korean article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (d).

"(4) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Korean article if, after the date on which the Agreement enters into force [Mar. 15, 2012], import relief has been provided with respect to that Korean article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(a) Determination.—Not later than 120 days (180 days if critical circumstances have been alleged) 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.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c).

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) 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).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—Except as provided in paragraph (2), the import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2-B of the Agreement in the duty imposed on the article.

"(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Mar. 15, 2012].

"(2) Duties applied on a seasonal basis.—In the case of imports of an article to which a duty is applied on a seasonal basis, the import relief that the President is authorized to provide under this section is as follows:

"(A) The suspension of any further reduction provided for under Annex 2-B of the Agreement in the duty imposed on the article.

"(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles for the corresponding season immediately preceding the date the import relief is provided; or

"(ii) the column 1 general rate of duty imposed under the HTS for the corresponding season immediately preceding the date on which the Agreement enters into force.

"(3) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 10.2.7 of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 2 years.

"(2) Extension.—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(C) Period of import relief.—Any import relief provided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 3 years.

"(e) Rate After Termination of Import Relief.—Beginning on the date on which import relief under this section is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect but for the provision of such relief.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article that is subject to import relief under—

"(1) subtitle B or C; or

"(2) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set forth in the Schedule of the United States to Annex 2-B of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which that period ends.

"(c) Presidential Determination.—Import relief may be provided under this subtitle in the case of a Korean article after the date on which such relief would, but for this subsection, terminate under subsection[s] (a) and (b), if the President determines that Korea has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Motor Vehicle Safeguard Measures

"SEC. 321. MOTOR VEHICLE SAFEGUARD MEASURES.

"The provisions of subtitle A shall apply with respect to a Korean motor vehicle article to the same extent that such provisions apply to Korean articles, except as follows:

"(1) Section 311(d) and paragraphs (2) and (3) of 313(c) shall not apply.

"(2) Section 313(d)(2)(A) shall be applied and administered by substituting '2 years' for '1 year'.

"(3) Section 313(d)(2)(C) shall be applied and administered by substituting '4 years' for '3 years'.

"(4) Section 313(f)(1) shall be applied and administered by substituting 'subtitle A' for 'subtitle B or C'.

"(5) Section 314(b) shall be applied and administered as if such section read as follows:

"(b) Exception.—Import relief may be provided under this subtitle with respect to a Korean motor vehicle article during any period before the date that is 10 years after the date on which duties on the article are eliminated, as set forth in section 201(d), or, if the article is not referred to in section 201(d), the Schedule of the United States to Annex 2-B of the Agreement.

"Subtitle C—Textile and Apparel Safeguard Measures

"SEC. 331. COMMENCEMENT OF ACTION FOR RELIEF.

"SEC. 332. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 331(b), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, a Korean textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(2) Nature of relief.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is—

"(A) the suspension of any further reduction provided for under Annex 2-B of the Agreement in the duty imposed on the article; or

"(B) an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Mar. 15, 2012].

"SEC. 333. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President provides under section 332(b) may not be in effect for more than 2 years.

"(b) Extension.—

"(1) In general.—Subject to paragraph (2), the President may extend the effective period of any import relief provided under this subtitle for a period of not more than 2 years, if the President determines that—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 4 years.

"SEC. 334. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to an article if—

"(1) import relief previously has been provided under this subtitle with respect to that article; or

"(2) the article is subject to import relief under—

"(A) subtitle A; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 335. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 336. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement.

"SEC. 337. COMPENSATION AUTHORITY.

"SEC. 338. CONFIDENTIAL BUSINESS INFORMATION.

"Subtitle D—Cases Under Title II of the Trade Act of 1974

"SEC. 341. FINDINGS AND ACTION ON KOREAN ARTICLES.

"(a) Effect of Imports.—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 the President may treat 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))), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the Korean article are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Korean Articles.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the President may exclude from the action Korean articles with respect to which the Commission has made a negative finding under subsection (a).

United States-Peru Trade Promotion Agreement Implementation Act

Pub. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Peru Trade Promotion Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the free trade agreement between the United States and Peru entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Peru for their mutual benefit;

"(3) to establish free trade between the United States and Peru through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Peru Trade Promotion Agreement approved by Congress under section 101(a)(1).

"(2) Commission.—The term 'Commission' means the United States International Trade Commission.

"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Peruvian article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Peruvian article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Peruvian article if, after the date on which the Agreement enters into force [Feb. 1, 2009], import relief has been provided with respect to that Peruvian article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(1) 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.

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c).

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) 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).

"SEC. 313. PROVISION OF RELIEF.

"(a) In General.—Not later than the date that is 30 days after the date on which the President receives the report of the Commission in which the Commission's determination under section 312(a) is affirmative, or which contains a determination under section 312(a) that the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the President, subject to subsection (b), shall provide relief from imports of the article that is the subject of such determination to the extent that the President determines necessary to remedy or prevent the injury found by the Commission and to facilitate the efforts of the domestic industry to make a positive adjustment to import competition.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2.3 of the Agreement in the duty imposed on the article.

"(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Feb. 1, 2009].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2.2 of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 2 years.

"(2) Extension.—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(C) Period of import relief.—Any import relief provided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 4 years.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article—

"(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 2.3 of the Agreement, would have been in effect 1 year after the provision of relief under subsection (a); and

"(2) the rate of duty for that article after December 31 of the year in which such termination occurs shall be, at the discretion of the President, either—

"(A) the applicable rate of duty for that article set forth in the Schedule of the United States to Annex 2.3 of the Agreement; or

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on—

"(1) any article that is subject to import relief under—

"(A) subtitle B; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or

"(2) any article on which an additional duty assessed under section 202(b) is in effect.

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set forth in the Schedule of the United States to Annex 2.3 of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which that period ends.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the elimination of a duty under the Agreement, a Peruvian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and losses, and investment, no one of which is necessarily decisive; and

"(B) shall not consider changes in consumer preference or changes in technology in the United States as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Feb. 1, 2009].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President provides under section 322(b) may not be in effect for more than 2 years.

"(b) Extension.—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 3 years.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to an article if—

"(1) import relief previously has been provided under this subtitle with respect to that article; or

"(2) the article is subject to import relief under—

"(A) subtitle A; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"On the date on which import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to any article after the date that is 5 years after the date on which the Agreement enters into force [Feb. 1, 2009].

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

"Subtitle C—Cases Under Title II of the Trade Act of 1974

"SEC. 331. FINDINGS AND ACTION ON GOODS OF PERU.

"(a) Effect of Imports.—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 the President may treat 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)]), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the article of Peru that qualify as originating goods under section 203(b) are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Imports of Peru.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the President may exclude from the action goods of Peru with respect to which the Commission has made a negative finding under subsection (a).

United States-Oman Free Trade Agreement Implementation Act

Pub. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Oman Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and Oman entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Oman for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Oman Free Trade Agreement approved by Congress under section 101(a)(1).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"(3) Textile or apparel good.—The term 'textile or apparel good' means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, an Omani article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Omani article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Omani article if, after the date on which the Agreement enters into force with respect to the United States [Jan. 1, 2009], import relief has been provided with respect to that Omani article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(1) 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)), 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.

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to that described in section 313(c).

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"(e) Public Notice.—Upon submitting a report to the President under subsection (d), 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.

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2009].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization of such relief at regular intervals during the period in which the relief is in effect.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not, in the aggregate, be in effect for more than 3 years.

"(2) Extension.—

"(A) In general.—If the initial period for any import relief provided under this section is less than 3 years, the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), if the President determines that—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(i) Investigation.—Upon a petition on behalf of the industry concerned that is 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 subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition and whether there is evidence that the industry is making a positive adjustment to import competition.

"(iii) Report.—The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article that has been subject to import relief under this subtitle after the date on which the Agreement enters into force.

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Presidential Determination.—Import relief may be provided under this subtitle in the case of an Omani article after the date on which such relief would, but for this subsection, terminate under subsection (a), if the President determines that Oman has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(a) In General.—A request under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the President by an interested party. Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, an Omani textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry to import competition.

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Jan. 1, 2009].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), any import relief that the President provides under subsection (b) of section 322 may not, in the aggregate, be in effect for more than 3 years.

"(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(2) there is evidence that the industry is making a positive adjustment to import competition.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if—

"(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2009]; or

"(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. 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 shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

"The President may not release information that is submitted in a proceeding under this subtitle and that the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party shall also submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.

United States-Bahrain Free Trade Agreement Implementation Act

Pub. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Bahrain Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and Bahrain entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Bahrain for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Bahrain Free Trade Agreement approved by Congress under section 101(a)(1).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Bahraini article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Bahraini article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Bahraini article if, after the date on which the Agreement enters into force with respect to the United States [Aug. 1, 2006], import relief has been provided with respect to that Bahraini article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—

"(2) Limitation on relief.—The import relief recommended by the Commission under this subsection shall be limited to that described in section 313(c).

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Aug. 1, 2006].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization of such relief at regular intervals during the period in which the relief is in effect.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not, in the aggregate, be in effect for more than 3 years.

"(2) Extension.—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Presidential Determination.—Import relief may be provided under this subtitle in the case of a Bahraini article after the date on which such relief would, but for this subsection, terminate under subsection (a), if the President determines that Bahrain has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, a Bahraini textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry to import competition.

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Aug. 1, 2006].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), any import relief that the President provides under subsection (b) of section 322 may not, in the aggregate, be in effect for more than 3 years.

"(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(2) there is evidence that the industry is making a positive adjustment to import competition.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if—

"(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Aug. 1, 2006]; or

"(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.

United States-Morocco Free Trade Agreement Implementation Act

Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Morocco Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and Morocco entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Morocco for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Morocco Free Trade Agreement approved by Congress under section 101(a)(1).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(a) Filing of Petition.—

"(3) Critical circumstances.—Any allegation that critical circumstances exist shall be included in the petition.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Moroccan article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Moroccan article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (d).

"(4) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Moroccan article if, after the date on which the Agreement enters into force [Jan. 1, 2006], import relief has been provided with respect to that Moroccan article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—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)), 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. The import relief recommended by the Commission under this subsection shall be limited to that described in section 313(c). 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.

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief (including provisional relief) that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex IV of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2006].

"(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or

"(ii) 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.

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization of such relief at regular intervals during the period in which the relief is in effect.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 3 years.

"(2) Extension.—

"(A) In general.—Subject to subparagraph (C), the President, after receiving an affirmative determination from the Commission under subparagraph (B), may extend the effective period of any import relief provided under this section if the President determines that—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—(i) Upon a petition on behalf of the industry concerned that is 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 subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition and whether there is evidence that the industry is making a positive adjustment to import competition.

"(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph 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.

"(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.

"(C) Period of import relief.—Any import relief provided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 5 years.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article that—

"(1) is subject to an assessment of additional duty under section 202(b); or

"(2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2006].

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(a) General Rule.—Subject to subsection (b), no import relief may be provided under this subtitle with respect to a good after the date that is 5 years after the date on which duty-free treatment must be provided by the United States to that good pursuant to Annex IV of the Agreement.

"(b) Presidential Determination.—Import relief may be provided under this subtitle in the case of a Moroccan article after the date on which such relief would, but for this subsection, terminate under subsection (a), if the President determines that Morocco has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, a Moroccan textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry to import competition.

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Jan. 1, 2006].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President provides under subsection (b) of section 322 may not, in the aggregate, be in effect for more than 3 years.

"(b) Extension.—

"(1) In General.—Subject to paragraph (2), the President may extend the effective period of any import relief provided under this subtitle for a period of not more than 2 years, if the President determines that—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 5 years.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if—

"(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2006]; or

"(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.

"The President may not release information which is submitted in a proceeding under this subtitle and which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party also shall submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted."

[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]

[Proc. No. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 104 of the United States-Morocco Free Trade Agreement Implementation Act (Pub. L. 108–302, set out above) to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclamation, to submit a report on such proposed action to the appropriate congressional committees, and to consult with those congressional committees regarding the proposed action.]

[Proc. No. 7971, Dec. 22, 2005, 70 F.R. 76652, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Morocco Free Trade Agreement Implementation Act (USMFTA Act) (Pub. L. 108–302, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 204 of the USMFTA Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of and capability to produce goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the authority of the President under subtitle B of Title III of the USMFTA Act to review requests and determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Moroccan textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]

United States-Australia Free Trade Agreement Implementation Act

Pub. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Australia Free Trade Agreement Implementation Act'.

(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and Australia, entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

"(2) to strengthen and develop economic relations between the United States and Australia for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Australia Free Trade Agreement approved by Congress under section 101(a)(1).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(a) Filing of Petition.—

"(3) Critical circumstances.—Any allegation that critical circumstances exist shall be included in the petition.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, an Australian article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Australian article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (d).

"(4) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Australian article if, after the date on which the Agreement enters into force [Jan. 1, 2005], import relief has been provided with respect to that Australian article under this subtitle.

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—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) [sic] (19 U.S.C. 1330(d)), 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. The import relief recommended by the Commission under this subsection shall be limited to that described in section 313(c). 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.

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief (including provisional relief) that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2005].

"(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or

"(ii) 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.

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 9.2.7 of the Agreement) of such relief at regular intervals during the period in which the relief is in effect.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 2 years.

"(2) Extension.—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—(i) Upon a petition on behalf of the industry concerned that is 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 subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

"(C) Period of import relief.—Any import relief provided under this section, including any extensions thereof, may not, in the aggregate, be in effect for more than 4 years.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article—

"(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 2–B of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the provision of relief under subsection (a); and

"(2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—

"(A) the applicable NTR (MFN) rate of duty for that article set out in the Schedule of the United States to Annex 2–B of the Agreement; or

"(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the United States to Annex 2–B of the Agreement for the elimination of the tariff.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article that—

"(1) is subject to—

"(A) import relief under subtitle B; or

"(B) an assessment of additional duty under subsection (b), (c), or (d) of section 202; or

"(2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2005].

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set out in the Schedule of the United States to Annex 2–B of the Agreement, is greater than 10 years, no relief under this subtitle may be provided for that article after the date on which such period ends.

"(c) Presidential Determination.—Import relief may be provided under this subtitle in the case of an Australian article after the date on which such relief would, but for this subsection, terminate under subsection (a) or (b), if the President determines that Australia has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(b) Allegation of Critical Circumstances.—An interested party filing a request under this section may—

"(1) allege that critical circumstances exist such that delay in the provision of relief would cause damage that would be difficult to repair; and

"(2) based on such allegation, request that relief be provided on a provisional basis.

"(c) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(c), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, an Australian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry to import competition.

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Jan. 1, 2005].

"(c) Critical Circumstances.—

"(1) Presidential determination.—When a request filed under section 321(a) contains an allegation of critical circumstances and a request for provisional relief under section 321(b), the President shall, not later than 60 days after the request is filed, determine, on the basis of available information, whether—

"(A) there is clear evidence that—

"(i) imports from Australia have increased as the result of the reduction or elimination of a customs duty under the Agreement; and

"(ii) such imports are causing serious damage, or actual threat thereof, to the domestic industry producing an article like or directly competitive with the imported article; and

"(B) delay in taking action under this subtitle would cause damage to that industry that would be difficult to repair.

"(2) Extent of provisional relief.—If the determinations under subparagraphs (A) and (B) of paragraph (1) are affirmative, the President shall determine the extent of provisional relief that is necessary to remedy or prevent the serious damage. The nature of the provisional relief available shall be the relief described in subsection (b)(2). Within 30 days after making affirmative determinations under subparagraphs (A) and (B) of paragraph (1), the President, if the President considers provisional relief to be warranted, shall provide, for a period not to exceed 200 days, such provisional relief that the President considers necessary to remedy or prevent the serious damage.

"(3) Suspension of liquidation.—If provisional relief is provided under paragraph (2), the President shall order the suspension of liquidation of all imported articles subject to the affirmative determinations under subparagraphs (A) and (B) of paragraph (1) that are entered, or withdrawn from warehouse for consumption, on or after the date of the determinations.

"(4) Termination of provisional relief.—

"(A) In general.—Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which—

"(i) the President makes a negative determination under subsection (a) regarding serious damage or actual threat thereof by imports of such article;

"(ii) action described in subsection (b) takes effect with respect to such article;

"(iii) a decision by the President not to take any action under subsection (b) with respect to such article becomes final; or

"(iv) the President determines that, because of changed circumstances, such relief is no longer warranted.

"(B) Suspension of liquidation.—Any suspension of liquidation ordered under paragraph (3) with respect to an imported article shall terminate on the day on which provisional relief is terminated under subparagraph (A) with respect to the article.

"(C) Rates of duty.—If an increase in, or the imposition of, a duty that is provided under subsection (b) on an imported article is different from a duty increase or imposition that was provided for such an article under this subsection, then the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at whichever of such rates of duty is lower.

"(D) Rate of duty if provisional relief.—If provisional relief is provided under this subsection with respect to an imported article and neither a duty increase nor a duty imposition is provided under subsection (b) for such article, the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at the rate of duty that applied before the provisional relief was provided.

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President provides under subsections (b) and (c) of section 322 may not, in the aggregate, be in effect for more than 2 years.

"(b) Extension.—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—Any relief provided under this subtitle, including any extensions thereof, may not, in the aggregate, be in effect for more than 4 years.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if—

"(1) import relief previously has been provided under this subtitle with respect to that article; or

"(2) the article is subject to import relief under—

"(A) subtitle A; or

"(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.

"Subtitle C—Cases Under Title II of the Trade Act of 1974

"SEC. 331. FINDINGS AND ACTION ON GOODS FROM AUSTRALIA.

"(a) Effect of Imports.—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 the President may treat 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)]), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the article from Australia are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Australian Imports.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall determine whether imports from Australia are a substantial cause of the serious injury or threat thereof found by the Commission and, if such determination is in the negative, may exclude from such action imports from Australia.

United States-Singapore Free Trade Agreement Implementation Act

Pub. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Singapore Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and the Republic of Singapore entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];

"(2) to strengthen and develop economic relations between the United States and Singapore for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Singapore Free Trade Agreement approved by Congress under section 101(a).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(a) Filing of Petition.—

"(3) Critical circumstances.—Any allegation that critical circumstances exist shall be included in the petition.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Singaporean article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Singaporean article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (d).

"(4) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Singaporean article if, after the date that the Agreement enters into force [Jan. 1, 2004], import relief has been provided with respect to that Singaporean article under—

"(1) this subtitle;

"(2) subtitle B;

"(3) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.];

"(4) article 6 of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or

"(5) article 5 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—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)), 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. The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c). 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.

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief (including provisional relief) that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 2B of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2004].

"(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or

"(ii) 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.

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 7.28 of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), the import relief that the President is authorized to provide under this section may not exceed 2 years.

"(2) Extension.—

"(i) the import relief continues to be necessary to prevent or remedy serious injury and to facilitate adjustment; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—

"(i) Upon a 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 on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

"(C) Period of import relief.—The effective period of any import relief imposed under this section, including any extensions thereof, may not, in the aggregate, exceed 4 years.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article that has been subject to import relief, after the entry into force of the Agreement [Jan. 1, 2004], under—

"(1) this subtitle;

"(2) subtitle B;

"(3) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.];

"(4) article 6 of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or

"(5) article 5 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(a) General Rule.—No import relief may be provided under this subtitle after the date that is 10 years after the date on which the Agreement enters into force [Jan. 1, 2004].

"(b) Exception.—Import relief may be provided under this subtitle in the case of a Singaporean article after the date on which such relief would, but for this subsection, terminate under subsection (a), if the President determines that Singapore has consented to such relief.

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—Pursuant to a request made by an interested party, the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, a Singaporean textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions that imports of the article constitute a substantial cause of serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(3) Substantial cause.—For purposes of this subsection, the term 'substantial cause' means a cause that is important and not less than any other cause.

"(b) Provision of Relief.—

"(1) In general.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.

"(2) Nature of relief.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is—

"(A) the suspension of any further reduction provided for under Annex 2B of the Agreement in the duty imposed on the article; or

"(B) an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2004].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—Subject to subsection (b), the import relief that the President is authorized to provide under section 322 may not exceed 2 years.

"(b) Extension.—

"(1) In general.—Subject to paragraph (2), the President may extend the effective period of any import relief provided under this subtitle if the President determines that—

"(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment; and

"(B) there is evidence that the industry is making a positive adjustment to import competition.

"(2) Limitation.—The effective period of any action under this subtitle, including any extensions thereof, may not, in the aggregate, exceed 4 years.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if import relief previously has been provided under this subtitle with respect to that article.

"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to an article after the date that is 10 years after the date on which the provisions of the Agreement relating to trade in textile and apparel goods take effect pursuant to article 5.10 of the Agreement.

"SEC. 327. COMPENSATION AUTHORITY.

"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.

"The President may not release information which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a nonconfidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted.

"Subtitle C—Cases Under Title II of the Trade Act of 1974

"SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGAPORE.

"(a) Effect of Imports.—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 the President may treat 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)]), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the article from Singapore are a substantial cause of serious injury or threat thereof.

"(b) Presidential Determination Regarding Singaporean Imports.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall determine whether imports from Singapore are a substantial cause of the serious injury or threat thereof found by the Commission and, if such determination is in the negative, may exclude from such action imports from Singapore.

United States-Chile Free Trade Agreement Implementation Act

Pub. L. 108–77, Sept. 3, 2003, 117 Stat. 909, as amended by Pub. L. 108–429, title II, §2004(d)(7), Dec. 3, 2004, 118 Stat. 2593, provided that:

"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

"(a) Short Title.—This Act may be cited as the 'United States-Chile Free Trade Agreement Implementation Act'.

"(b) Table of Contents.—[Omitted.]

"SEC. 2. PURPOSES.

"The purposes of this Act are—

"(1) to approve and implement the Free Trade Agreement between the United States and the Republic of Chile entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];

"(2) to strengthen and develop economic relations between the United States and Chile for their mutual benefit;

"(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and

"(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Agreement.—The term 'Agreement' means the United States-Chile Free Trade Agreement approved by the Congress under section 101(a)(1).

"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.

"Subtitle A—Relief From Imports Benefiting From the Agreement

"SEC. 311. COMMENCING OF ACTION FOR RELIEF.

"(b) Investigation and Determination.—Upon the filing of a petition under subsection (a), the Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Chilean article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the Chilean article constitute a substantial cause of serious injury or threat thereof to the domestic industry producing an article that is like, or directly competitive with, the imported article.

"(c) Applicable Provisions.—The following provisions of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b):

"(1) Paragraphs (1)(B) and (3) of subsection (b).

"(2) Subsection (c).

"(3) Subsection (i).

"(d) Articles Exempt From Investigation.—No investigation may be initiated under this section with respect to any Chilean article if, after the date that the Agreement enters into force [Jan. 1, 2004], import relief has been provided with respect to that Chilean article under this subtitle, or if, at the time the petition is filed, the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].

"SEC. 312. COMMISSION ACTION ON PETITION.

"(b) 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).

"(c) Additional Finding and Recommendation if Determination Affirmative.—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)), 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. The import relief recommended by the Commission under this subsection shall be limited to the relief described in section 313(c). 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.

"(1) the determination made under subsection (a) and an explanation of the basis for the determination;

"(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).

"SEC. 313. PROVISION OF RELIEF.

"(c) Nature of Relief.—

"(1) In general.—The import relief that the President is authorized to provide under this section with respect to imports of an article is as follows:

"(A) The suspension of any further reduction provided for under Annex 3.3 of the Agreement in the duty imposed on such article.

"(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—

"(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(ii) 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 [Jan. 1, 2004].

"(2) Progressive liberalization.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberalization (described in article 8.2(2) of the Agreement) of such relief at regular intervals during the period of its application.

"(d) Period of Relief.—

"(1) In general.—Subject to paragraph (2), the import relief that the President is authorized to provide under this section, including any extensions thereof, may not, in the aggregate, exceed 3 years.

"(2) Extension.—

"(A) In general.—If the initial period for any import relief provided under this section is less than 3 years, the President, after receiving an affirmative determination from the Commission under subparagraph (B), may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), if the President determines that—

"(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment; and

"(ii) there is evidence that the industry is making a positive adjustment to import competition.

"(B) Action by commission.—(i) Upon a 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 on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.

"(e) Rate After Termination of Import Relief.—When import relief under this section is terminated with respect to an article—

"(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States in Annex 3.3 of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the provision of relief under subsection (a); and

"(2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—

"(A) the applicable rate of duty for that article set out in the Schedule of the United States in Annex 3.3 of the Agreement; or

"(B) 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 in Annex 3.3 of the Agreement for the elimination of the tariff.

"(f) Articles Exempt From Relief.—No import relief may be provided under this section on any article subject to import relief under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].

"SEC. 314. TERMINATION OF RELIEF AUTHORITY.

"(a) General Rule.—No import relief may be provided under this subtitle after the date that is 10 years after the date on which the Agreement enters into force [Jan. 1, 2004].

"(b) Exception.—If an article for which relief is provided under this subtitle is an article for which the period for tariff elimination, set out in the Schedule of the United States to Annex 3.3 of the Agreement, is 12 years, no relief under this subtitle may be provided for that article after the date that is 12 years after the date on which the Agreement enters into force [Jan. 1, 2004].

"SEC. 315. COMPENSATION AUTHORITY.

"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

[Amended section 2252 of this title.]

"Subtitle B—Textile and Apparel Safeguard Measures

"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

"(b) Publication of Request.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include the request and the dates by which comments and rebuttals must be received.

"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

"(a) Determination.—

"(1) In general.—If a positive determination is made under section 321(b), the President shall determine whether, as a result of the elimination of a duty under the Agreement, a Chilean textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.

"(2) Serious damage.—In making a determination under paragraph (1), the President—

"(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.

"(b) Provision of Relief.—

"(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

"(B) 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 [Jan. 1, 2004].

"SEC. 323. PERIOD OF RELIEF.

"(a) In General.—The import relief that the President is authorized to provide under section 322, including any extensions thereof, may not, in the aggregate, exceed 3 years.

"(b) Extension.—If the initial period for any import relief provided under this section is less than 3 years, the President may extend the effective period of any import relief provided under this section, subject to the limitation set forth in subsection (a), if the President determines that—

"(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment; and

"(2) there is evidence that the industry is making a positive adjustment to import competition.

"SEC. 324. ARTICLES EXEMPT FROM RELIEF.

"The President may not provide import relief under this subtitle with respect to any article if import relief previously has been provided under this subtitle with respect to that article.

"SEC. 325. 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 shall be duty-free.

"SEC. 326. TERMINATION OF RELIEF AUTHORITY.

"No import relief may be provided under this subtitle with respect to any article after the date that is 8 years after the date on which duties on the article are eliminated pursuant to the Agreement.