Title 19 — Customs DutiesRelease 119-73
§2401b Determinations by Secretary of Agriculture
Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER II— - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION › Part Part 6— - Adjustment Assistance for Farmers › § 2401b
Summary
The Secretary must decide quickly, and no later than 40 days after a petition is filed, whether the petitioning group meets the eligibility rules. If the group is eligible, the Secretary must issue a certificate saying the group can apply for help and must say when eligibility starts. After any decision, the Secretary must publish a short summary and the reasons in the Federal Register. If the Secretary later finds the price drop is no longer caused by the listed conditions, the Secretary must end the certificate and promptly publish a notice with the reasons in the Federal Register.
Full Legal Text
Title 19, §2401b
Customs Duties — Source: USLM XML via OLRC
(a)As soon as practicable after the date on which a petition is filed under section 2401a of this title, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 2401a(c) or (d) of this title, as the case may be, and shall, if the group meets the requirements, issue a certification of eligibility to apply for assistance under this part covering agricultural commodity producers in any group that meets the requirements. Each certification shall specify the date on which eligibility under this part begins.
(b)Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary’s reasons for making the determination.
(c)Whenever the Secretary determines, with respect to any certification of eligibility under this part, that the decline in price for the agricultural commodity covered by the certification is no longer attributable to the conditions described in section 2401a of this title, the Secretary shall terminate such certification and promptly cause notice of such termination to be published in the Federal Register, together with the Secretary’s reasons for making such determination.
Legislative History
Notes & Related Subsidiaries
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Section reflects the
July 1, 2021, reversion to provisions 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 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 provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective
June 29, 2015, until
July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
Amendments
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (d). Pub. L. 112–40, §§ 223(a)(1), 233, temporarily amended subsec. (d) generally. Prior to amendment, text read as follows: “Not later than January 30, 2010, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following information with respect to adjustment assistance provided under this part during the preceding fiscal year: “(1) A list of the agricultural commodities covered by a certification under this part. “(2) The States or regions in which such commodities are produced and the aggregate amount of such commodities produced in each such State or region. “(3) The total number of agricultural commodity producers, by congressional district, receiving benefits under this part. “(4) The total number of agricultural commodity producers, by congressional district, receiving technical assistance under this part.” See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a). Pub. L. 111–5, §§ 1882(b)(1), 1893, temporarily substituted “section 2401a(c) of this title” for “section 2401a(c) or (d) of this title, as the case may be,”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c). Pub. L. 111–5, §§ 1882(b)(2), 1893, temporarily substituted “decrease in the national average price, quantity of production, or value of production of, or cash receipts for,” for “decline in price for”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 111–5, §§ 1884, 1893, temporarily added subsec. (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
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 2011 Amendment Pub. L. 112–40, title II, § 223(a)(2), Oct. 21, 2011, 125 Stat. 413, provided that: “The amendment made by paragraph (1) [amending this section] shall— “(A) take effect on
October 1, 2011; and “(B) apply with respect to reports submitted under section 293(d) of the Trade Act of 1974 (19 U.S.C. 2401b(d)) on or after
October 1, 2012.” Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above. Termination DateExcept as otherwise provided, technical assistance and financial assistance 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.
Reference
Citations & Metadata
Citation
19 U.S.C. § 2401b
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73