§2354 — Title 19 Customs Duties | U.S. Code

Summary

When the International Trade Commission starts an investigation of an industry, it must tell the Secretary of Commerce right away. The Commerce Secretary must then study how many U.S. firms making the same or directly competing product are or will likely be eligible for adjustment help, and how much existing programs can help those firms adjust to import competition. The Secretary must send a report to the President within 15 days after the Commission’s report, make it public except for confidential parts, and publish a summary in the Federal Register. If the Commission finds imports are a major cause of serious injury or threat, the Secretary must, as much as possible, give firms full information about helpful programs and help them prepare and file petitions and applications.

Title 19, §2354

Customs Duties — Source: USLM XML via OLRC

(a)Whenever the Commission begins an investigation under section 2252 of this title with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—

(1)the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and

(2)the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.

(b)The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title. Upon making its report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

(c)Whenever the Commission makes an affirmative finding under section 2252(b) of this title that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.

Notes & Related Subsidiaries

Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial Notes

Codification Source credit of Pub. L. 93–618 reflects the

July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of the numbering of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a),

June 29, 2015, 129 Stat. 374, and the renumbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective

June 29, 2015, until

July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below. section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 111–5 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.

Amendments

1988—Subsec. (a). Pub. L. 100–418 substituted “section 2252” for “section 2251”. Subsec. (b). Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”. Subsec. (c). Pub. L. 100–418 substituted “section 2252(b)” for “section 2251(b)”.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 RevivalFor revival and applicability, beginning on

June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on

July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. Effective and Termination Dates of 2011 RevivalFor revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a),

June 29, 2015, 129 Stat. 374, effective

June 29, 2015. See Codification note above.

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title. 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) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

§2354 Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding