§2436 Market Disruption

Summary

The International Trade Commission must quickly investigate when someone asks it to look into imports from a Communist country to see if those imports are hurting a U.S. industry. A petition can come from an eligible domestic industry group, from the President or the U.S. Trade Representative, from a resolution by the House Ways and Means or Senate Finance Committee, or the Commission can start on its own. The Commission must report its decision and reasons to the President no later than 3 months after the petition or request. If it finds harm, the Commission must say how much duty or other import limit is needed to stop or fix the harm. The Commission also sends the President the hearing record and briefs and makes the report public (except for confidential parts) and publishes a summary in the Federal Register. If the Commission finds harm, that finding is treated the same as certain earlier safeguard findings, and the President may act under the older procedures listed in the law, but only against the country or countries involved. If the President and a foreign country agree to an orderly marketing plan, it must be made within 60 days after the import relief decision. The President can ask the Commission to start an investigation and, in an emergency, may act before the Commission finishes; that emergency action stops if the Commission later finds no harm when it reports, or when any action tied to a later positive finding becomes effective. Definitions: “Communist country” means a country dominated by communism. “Market disruption” means rapidly rising imports that are a significant cause of material injury or the threat of such injury to a U.S. industry; the Commission looks at import volume, price effects, impact on U.S. producers, and signs of unfair pricing or trade management.