§2251 — Title 19 Customs Duties | U.S. Code

Summary

When the U.S. International Trade Commission finds that rising imports are a major cause of serious injury, or the threat of it, to a U.S. industry that makes similar products, the President must use appropriate and practical actions to help that industry adjust to import competition, as long as those actions bring more economic and social benefit than cost. A positive adjustment means the industry can either compete after the actions end or orderly shift its resources to other productive work, and displaced workers make an orderly move to new jobs. The industry may be different in size or makeup than when the review began.

Title 19, §2251

Customs Duties — Source: USLM XML via OLRC

(a)If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under section 2252(b) of this title that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, 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.

(b)(1)For purposes of this part, a positive adjustment to import competition occurs when—

(A)the domestic industry—

(i)is able to compete successfully with imports after actions taken under section 2254 of this title terminate, or

(ii)the domestic industry experiences an orderly transfer of resources to other productive pursuits; and

(B)dislocated workers in the industry experience an orderly transition to productive pursuits.

(2)The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 2252(b) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Pub. L. 100–418, in amending section generally, substituted provisions relating to action to facilitate positive adjustment to import competition for provisions relating to investigation by International Trade Commission. See section 2252 of this title. 1984—Subsec. (b)(2)(B). Pub. L. 98–573, § 249(1)(A), substituted “inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and” for “inventory, and”. Subsec. (b)(2)(D). Pub. L. 98–573, § 249(1)(B)–(D), added subpar. (D). Subsec. (b)(7). Pub. L. 98–573, § 249(2), added par. (7). 1979—Subsec. (b)(6). Pub. L. 96–39 substituted “subtitles A and B of title VII or section 337 of the Tariff Act of 1930” for “the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment Pub. L. 100–418, title I, § 1401(c), Aug. 23, 1988, 102 Stat. 1241, provided that: “The

Amendments

made by subsections (a) and (b) [enacting section 2254 of this title and amending section 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this title and provisions set out as a note under section 2112 of this title] shall take effect on the date of the enactment of this Act [Aug. 23, 1988] and shall apply with respect to investigations initiated under chapter 1 of title II of the Trade Act of 1974 [this part] on or after that date. Any petition filed under section 201 of such chapter [19 U.S.C. 2251] before such date of enactment, and with respect to which the United States International Trade Commission did not make a finding before such date with respect to serious injury or the threat thereof, may be withdrawn and refiled, without prejudice, by the petitioner under section 202(a) of such chapter [19 U.S.C. 2252(a)] (as amended by this section).”

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title.

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as an

Effective Date

note under section 1671 of this title. Study on Trade Adjustment Assistance for Fishermen Pub. L. 107–210, div. A, title I, § 143, Aug. 6, 2002, 116 Stat. 953, required Secretary of Commerce, not later than 1 year after Aug. 6, 2002, to conduct a study and report to Congress on appropriateness and feasibility of a trade adjustment assistance program for fishermen. Term “Industry” To Include Producers Located in United States Insular Possessions Pub. L. 98–67, title II, § 214(f), Aug. 5, 1983, 97 Stat. 393, provided that: “For purposes of chapter 1 of title II of the Trade Act of 1974 [this part], the term ‘industry’ shall include producers located in the United States insular possessions.”

Executive Documents

Ex. Ord. No. 11913. Collection of Information for Import Relief and Adjustment Assistance Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including section 332(g) of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President of the United States of America, in order to reduce the reporting burden with respect to the collection of information pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of the United States Code, it is hereby ordered as follows: section 1. Whenever the United States International Trade Commission, in connection with investigations pursuant to section 201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms on their sales, production, employment, and financial experience, the Commission shall provide such information to the Secretaries of Commerce and Labor. Sec. 2. The Secretaries of Commerce and Labor shall ensure that the factual data, received pursuant to section 1, are used solely for the performance of their functions pursuant to section 264 and 224, respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274). Gerald R. Ford.

§2251 Action to facilitate positive adjustment to import competition

Summary

Title 19, §2251

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Executive Documents

Citations & Metadata