§ 4063. 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
4062
(a) of this title is affirmative, or which contains a determination under section
4062
(a) of this title that the President considers to be affirmative under paragraph (1) of section
1330
(d) of this title, 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 such article.
(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 is authorized to provide 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
1330
(d) of this title, 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—
(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 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)
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.
(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
(f)
Articles exempt from relief
No import relief may be provided under this section on—