§ 2253. Action by President after determination of import injury
(a)
In general
(1)
(A)
After receiving a report under section
2252
(f) of this title containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the President shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs.
(2)
In determining what action to take under paragraph (1), the President shall take into account—
(C)
the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustment plan or commitment submitted to the Commission under section
2252
(a) of this title) to make a positive adjustment to import competition;
(D)
the probable effectiveness of the actions authorized under paragraph (3) to facilitate positive adjustment to import competition;
(E)
the short- and long-term economic and social costs of the actions authorized under paragraph (3) relative to their short- and long-term economic and social benefits and other considerations relative to the position of the domestic industry in the United States economy;
(F)
other factors related to the national economic interest of the United States, including, but not limited to—
(i)
the economic and social costs which would be incurred by taxpayers, communities, and workers if import relief were not provided under this part,
(3)
The President may, for purposes of taking action under paragraph (1)—
(C)
proclaim a modification or imposition of any quantitative restriction on the importation of the article into the United States;
(D)
implement one or more appropriate adjustment measures, including the provision of trade adjustment assistance under part 2 of this subchapter;
(E)
negotiate, conclude, and carry out agreements with foreign countries limiting the export from foreign countries and the import into the United States of such article;
(F)
proclaim procedures necessary to allocate among importers by the auction of import licenses quantities of the article that are permitted to be imported into the United States;
(G)
initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat thereof;
(H)
submit to Congress legislative proposals to facilitate the efforts of the domestic industry to make a positive adjustment to import competition;
(4)
(A)
Subject to subparagraph (B), the President shall take action under paragraph (1) within 60 days (50 days if the President has proclaimed provisional relief under section
2252
(d)(2)(D) of this title with respect to the article concerned) after receiving a report from the Commission containing an affirmative determination under section
2252
(b)(1) of this title (or a determination under such section which he considers to be an affirmative determination by reason of section
1330
(d) of this title).
(B)
If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under section
2252
(d)(2)(D) of this title with respect to the article concerned, action by the President under paragraph (1) may not be taken later than the 200th day after the provisional relief was proclaimed.
(5)
The President may, within 15 days after the date on which he receives a report from the Commission containing an affirmative determination under section
2252
(b)(1) of this title, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President’s request, furnish additional information with respect to the industry in a supplemental report.
(b)
Reports to Congress
(1)
On the day the President takes action under subsection (a)(1) of this section, the President shall transmit to Congress a document describing the action and the reasons for taking the action. If the action taken by the President differs from the action required to be recommended by the Commission under section
2252
(e)(1) of this title, the President shall state in detail the reasons for the difference.
(c)
Implementation of action recommended by Commission
If the President reports under subsection (b)(1) or (2) of this section that—
(1)
the action taken under subsection (a)(1) of this section differs from the action recommended by the Commission under section
2252
(e)(1) of this title; or
(2)
no action will be taken under subsection (a)(1) of this section with respect to the domestic industry;
the action recommended by the Commission shall take effect (as provided in subsection (d)(2) of this section) upon the enactment of a joint resolution described in section
2192
(a)(1)(A) of this title within the 90-day period beginning on the date on which the document referred to in subsection (b)(1) or (2) of this section is transmitted to the Congress.
(d)
Time for taking effect of certain relief
(1)
Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C) of this section, that is taken under subsection (a)(1) of this section shall take effect within 15 days after the day on which the President proclaims the action, unless the President announces, on the date he decides to take such action, his intention to negotiate one or more agreements described in subsection (a)(3)(E) of this section in which case the action under subsection (a)(3)(A), (B), or (C) of this section shall be proclaimed and take effect within 90 days after the date of such decision.
(e)
Limitations on actions
(1)
(A)
Subject to subparagraph (B), the duration of the period in which an action taken under this section may be in effect shall not exceed 4 years. Such period shall include the period, if any, in which provisional relief under section
2252
(d) of this title was in effect.
(B)
(i)
Subject to clause (ii), the President, after receiving an affirmative determination from the Commission under section
2254
(c) of this title (or, if the Commission is equally divided in its determination, a determination which the President considers to be an affirmative determination of the Commission), may extend the effective period of any action under this section if the President determines that—
(2)
Action of a type described in subsection (a)(3)(A), (B), or (C) of this section may be taken under subsection (a)(1) of this section, under section
2252
(d)(1)(G) of this title, or under section
2252
(d)(2)(D) of this title only to the extent the cumulative impact of such action does not exceed the amount necessary to prevent or remedy the serious injury.
(3)
No action may be taken under this section which would increase a rate of duty to (or impose a rate) which is more than 50 percent ad valorem above the rate (if any) existing at the time the action is taken.
(4)
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the average quantity or value of such article entered into the United States in the most recent 3 years that are representative of imports of such article and for which data are available, unless the President finds that the importation of a different quantity or value is clearly justified in order to prevent or remedy the serious injury.
(5)
An action described in subsection (a)(3)(A), (B), or (C) of this section that has an effective period of more than 1 year shall be phased down at regular intervals during the period in which the action is in effect.
(6)
(A)
The suspension, pursuant to any action taken under this section, of—
(i)
subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United States with respect to an article; and
(ii)
the designation of any article as an eligible article for purposes of subchapter V of this chapter;
shall be treated as an increase in duty.
(B)
No proclamation providing for a suspension referred to in subparagraph (A) with respect to any article may be made by the President, nor may any such suspension be recommended by the Commission under section
2252
(e) of this title, unless the Commission, in addition to making an affirmative determination under section
2252
(b)(1) of this title, determines in the course of its investigation under section
2252
(b) of this title that the serious injury, or threat thereof, substantially caused by imports to the domestic industry producing a like or directly competitive article results from, as the case may be—
(7)
(A)
If an article was the subject of an action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section, no new action may be taken under any of those subparagraphs with respect to such article for—
(i)
a period beginning on the date on which the previous action terminates that is equal to the period in which the previous action was in effect, or
whichever is greater.
(B)
Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section with respect to an article was in effect for a period of 180 days or less, the President may take a new action under any of those subparagraphs with respect to such article if—
(f)
Certain agreements
(1)
If the President takes action under this section other than the implemention [1] of agreements of the type described in subsection (a)(3)(E) of this section, the President may, after such action takes effect, negotiate agreements of the type described in subsection (a)(3)(E) of this section, and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken.
(g)
Regulations
(1)
The President shall by regulation provide for the efficient and fair administration of all actions taken for the purpose of providing import relief under this part.
(2)
In order to carry out an international agreement concluded under this part, the President may prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement of the type described in subsection (a)(3)(E) of this section that is concluded under this part with one or more countries accounting for a major part of United States imports of the article covered by such agreement, including imports into a major geographic area of the United States, the President may issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement.
[1] So in original. Probably should be “implementation”.