§2342 — Title 19 Customs Duties | U.S. Code

Summary

A firm that is already certified as eligible may apply for adjustment assistance within 2 years of that certification. The application must include a plan for how the firm will adjust its business. Help under this program is technical assistance. The Secretary will approve the plan only if it is likely to help the firm’s economic adjustment, it takes the workers’ interests into account, and it shows the firm will try to use its own resources for development. The Secretary must decide as soon as possible but not later than 60 days after the application. If the Secretary later finds the firm no longer needs help, the certification will be ended, a notice will be published in the Federal Register, and the end will take effect on the date the Secretary sets.

Title 19, §2342

Customs Duties — Source: USLM XML via OLRC

(a)A firm certified under section 2341 of this title as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this part. Such application shall include a proposal for the economic adjustment of such firm.

(b)(1)Adjustment assistance under this part consists of technical assistance. The Secretary shall approve a firm’s application for adjustment assistance only if the Secretary determines that the firm’s adjustment proposal—

(A)is reasonably calculated to materially contribute to the economic adjustment of the firm,

(B)gives adequate consideration to the interests of the workers of such firm, and

(C)demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.

(2)The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date.

(c)Whenever the Secretary determines that any firm no longer requires assistance under this part, he shall terminate the certification of eligibility of such firm and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (b)(1). Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Adjustment assistance under this part consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines— “(A) that the firm has no reasonable access to financing through the private capital market, and “(B) that the firm’s adjustment proposal— “(i) is reasonably calculated materially to contribute to the economic adjustment of the firm, “(ii) gives adequate consideration to the interests of the workers of such firm, and “(iii) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.” Subsecs. (c), (d). Pub. L. 99–272, § 13006(a)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment proposal.

Statutory Notes and Related Subsidiaries

Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

§2342 Approval of adjustment proposals