§ 2341. Petitions and determinations
(a)
Filing of petition; receipt of petition; initiation of investigation
A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm or service sector firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
(b)
Public hearing
If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) of this section a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
(c)
Certification
(1)
The Secretary shall certify a firm (including any agricultural firm or service sector firm) as eligible to apply for adjustment assistance under this part if the Secretary determines—
(A)
that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,
(B)
that—
(ii)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12-month period preceding the most recent 12-month period for which date [1] are available have decreased absolutely,
(iii)
sales or production, or both, of the firm during the most recent 12-month period for which data are available have decreased compared to—
(iv)
sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to—
(2)
For purposes of paragraph (1)(C)—
(A)
The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(d)
Allowable period for determination
A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 40 days after that date.
(e)
Basis for Secretary’s determinations
For purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of like or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their acquisition of such articles or services from suppliers located in the United States.
[1] So in original. Probably should be “data”.