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Title 19 — Customs Duties

Part 3 · Chapter 12 — Trade Act of 1974

§ 2354. Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding

Statutory text

(a)

Subject matter of study

Whenever the Commission begins an investigation under section 2252 of this title with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—

(1)

the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and

(2)

the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.

(b)

Report; publication

The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title. Upon making its report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

(c)

Information to firms

Whenever the Commission makes an affirmative finding under section 2252(b) of this title that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Act of 1974

    Pub. L. 93–618 title II § 264 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2354

    Pub. L. 93–618, title II, § 264, Jan. 3, 1975, 88 Stat. 2035

    Source evidence

    Code source credit
    Pub. L. 93–618, title II, § 264, Jan. 3, 1975, 88 Stat. 2035

    Enacted provision · exact public law section
    SEC. 264. STUDY BY SECRETARY OF COMMERCE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING. (a) Whenever the Commission begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and (2) tire extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs. (b) The report, of the Secretary of the study under subsection (a) Ante, p. 2011. Publication in Federal Register. shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 201. Upon making 19 USC 2371. its report, to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201 (b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import, competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

  2. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1401(b)(1)(B) · 102 Stat. 1107

    Substituted · 19 U.S.C. § 2354(a)

    Pub. L. 100–418 substituted “section 2252” for “section 2251”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–418 substituted “section 2252” for “section 2251”.

    Enacted provision · exact public law section
    (B) Sections 224 and 264 (19 U.S.C. 2274 and 2354) are each amended— (i) by striking out “201” in subsection (a) and inserting “202”; (ii) by striking out “201” in subsection (b) and inserting “202(f)”; and such section 264 is amended by striking out “201(b)” in subsection (c) and inserting “202(b)”.

    Effective date note
    Amendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

  3. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1401(b)(1)(B) · 102 Stat. 1107

    Substituted · 19 U.S.C. § 2354(b)

    Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”.

    Enacted provision · exact public law section
    (B) Sections 224 and 264 (19 U.S.C. 2274 and 2354) are each amended— (i) by striking out “201” in subsection (a) and inserting “202”; (ii) by striking out “201” in subsection (b) and inserting “202(f)”; and such section 264 is amended by striking out “201(b)” in subsection (c) and inserting “202(b)”.

    Effective date note
    Amendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

  4. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1401(b)(1)(B) · 102 Stat. 1107

    Substituted · 19 U.S.C. § 2354(c)

    Pub. L. 100–418 substituted “section 2252(b)” for “section 2251(b)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–418 substituted “section 2252(b)” for “section 2251(b)”.

    Enacted provision · exact public law section
    (B) Sections 224 and 264 (19 U.S.C. 2274 and 2354) are each amended— (i) by striking out “201” in subsection (a) and inserting “202”; (ii) by striking out “201” in subsection (b) and inserting “202(f)”; and such section 264 is amended by striking out “201(b)” in subsection (c) and inserting “202(b)”.

    Effective date note
    Amendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

4 of 4 references resolved to an enrolled provision

Notes

Termination of Assistance

For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

Source credit of Pub. L. 93–618 reflects the , reversion to section number in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the , revival of the numbering of this section as in effect on , was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, and the renumbering of this section, as in effect on , was temporarily revived, effective , until , by Pub. L. 114–27, §§ 402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5, which provided for , termination of renumbering by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, and the renumbering of this section by Pub. L. 111–5 was temporarily revived, effective , until , by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.

Amendments

1988—Subsec. (a). Pub. L. 100–418 substituted “section 2252” for “section 2251”.

Subsec. (b). Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”.

Subsec. (c). Pub. L. 100–418 substituted “section 2252(b)” for “section 2251(b)”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, effective . See Codification note above.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 effective , and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

Termination Date

Except as otherwise provided, technical assistance and grants may not be provided under this part after , see section 285 of Pub. L. 93–618, as modified by section 406(a) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

Credits

1975–2009 · 3 acts
  1. 1975Pub. L. 93–618, title II, § 264, , 88 Stat. 2035
  2. 1988Pub. L. 100–418, title I, § 1401(b)(1)(B), , 102 Stat. 1239
  3. 2009temporarily renumbered § 261, Pub. L. 111–5, div. B, title I, § 1864(a)(2), , 123 Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403, and Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.
Show as published

(Pub. L. 93–618, title II, § 264, , 88 Stat. 2035; Pub. L. 100–418, title I, § 1401(b)(1)(B), , 102 Stat. 1239; temporarily renumbered § 261, Pub. L. 111–5, div. B, title I, § 1864(a)(2), , 123 Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403, and Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.)

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