§4061 Commencing of Action for Relief

Summary

An industry representative — like a trade group, company, union, or group of workers — can file a petition with the Commission asking for action under this part to meet U.S. obligations under the Agreement. The Commission must send a copy of any such petition to the United States Trade Representative. After a petition is filed, the Commission must quickly open an investigation unless the rule in the next paragraph stops it. The investigation looks at whether cutting or removing a duty under the Agreement caused imports of a CAFTA–DR article to rise (in total or compared to U.S. production) and whether those imports are a substantial cause of serious injury or a threat to the U.S. industry that makes a similar or directly competing product. Parts of section 2252 apply to these investigations: paragraphs (1)(B) and (3) of subsection (b), subsection (c), and subsection (i). No investigation can start for a CAFTA–DR article if, after the Agreement took effect, import relief has already been given for that article under this part.