19 USC 4087 - Compensation authority

Collapse to view only § 4087. Compensation authority

§ 4081. Commencement of action for relief
§ 4082. Determination and provision of relief
§ 4083. Period of relief
§ 4084. Articles exempt from relief
§ 4085. Rate after termination of import relief
§ 4086. Termination of relief authority
§ 4087. Compensation authority
§ 4088. Confidential business information

§ 4081. Commencement of action for relief

(a) In general

(b) Publication of request

(Pub. L. 109–53, title III, § 321, Aug. 2, 2005, 119 Stat. 492.)

§ 4082. Determination and provision of relief

(a) Determination

(1) In general

(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, none of which is necessarily decisive; and

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

(3) Deadline for determination

(b) Provision of relief

(1) In general

(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.

(Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.)

§ 4083. Period of relief

(a) In general

(b) Extension

If the initial period for any import relief provided under section 4082 of this title 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.

(Pub. L. 109–53, title III, § 323, Aug. 2, 2005, 119 Stat. 493.)

§ 4084. Articles exempt from reliefThe President may not provide import relief under this part with respect to any article if—

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

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

(A) part A; or

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

(Pub. L. 109–53, title III, § 324, Aug. 2, 2005, 119 Stat. 494.)

§ 4085. Rate after termination of import relief

When import relief under this part 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.

(Pub. L. 109–53, title III, § 325, Aug. 2, 2005, 119 Stat. 494.)

§ 4086. Termination of relief authority

No import relief may be provided under this part with respect to any article after the date that is 5 years after the date on which the Agreement enters into force.

(Pub. L. 109–53, title III, § 326, Aug. 2, 2005, 119 Stat. 494.)

§ 4087. 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 part shall be treated as action taken under chapter 1 of title II of that Act [19 U.S.C. 2251 et seq.].

(Pub. L. 109–53, title III, § 327, Aug. 2, 2005, 119 Stat. 494.)

§ 4088. Confidential business information

The President may not release information received in connection with a review under this part 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, it shall also provide a nonconfidential version of the information in which the confidential business information is summarized or, if necessary, deleted.

(Pub. L. 109–53, title III, § 328, Aug. 2, 2005, 119 Stat. 494.)