Collapse to view only § 4551. USMCA article impact in import relief cases under Trade Act of 1974
§ 4551. USMCA article impact in import relief cases under Trade Act of 1974
(a) In general
If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of section 1330(d) of this title), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether—
(1) imports of the article from a USMCA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article from a USMCA country, considered individually or, in exceptional circumstances, imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, caused by imports.
(b) Factors
(1) Substantial import share
(2) Application of “contribute importantly” standard
(c) “Contribute importantly” defined
(Pub. L. 116–113, title III, § 301, formerly Pub. L. 103–182, title III, § 311, Dec. 8, 1993, 107 Stat. 2106; renumbered § 301 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 502(b), Jan. 29, 2020, 134 Stat. 70.)
§ 4552.
(a)
In general
In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports from a USMCA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b)
Exclusion of USMCA imports
(c)
Action after exclusion of USMCA country imports
(1)
In general
If the President, under subsection (b), excludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2)
Investigation
(3)
“Surge” defined
(d)
Condition applicable to quantitative restrictions
(Pub. L. 116–113, title III, § 302, formerly Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107; renumbered § 302 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 502(c), Jan. 29, 2020, 134 Stat. 70.)