19 U.S.C. § 2253

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2253 - Action by President after determination of import injury

(a) In general

(1)

(A) After receiving a report under section 2252(f) of this title containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the President shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs.

(B) The action taken by the President under subparagraph (A) shall be to such extent, and for such duration, subject to subsection (e)(1), that the President determines to be appropriate and feasible under such subparagraph.

(C) The interagency trade organization established under section 1872(a) of this title shall, with respect to each affirmative determination reported under section 2252(f) of this title, make a recommendation to the President as to what action the President should take under subparagraph (A).

(2) In determining what action to take under paragraph (1), the President shall take into account-

(A) the recommendation and report of the Commission;

(B) the extent to which workers and firms in the domestic industry are-

(i) benefitting from adjustment assistance and other manpower programs, and

(ii) engaged in worker retraining efforts;

(C) the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustment plan or commitment submitted to the Commission under section 2252(a) of this title) to make a positive adjustment to import competition;

(D) the probable effectiveness of the actions authorized under paragraph (3) to facilitate positive adjustment to import competition;

(E) the short- and long-term economic and social costs of the actions authorized under paragraph (3) relative to their short- and long-term economic and social benefits and other considerations relative to the position of the domestic industry in the United States economy;

(F) other factors related to the national economic interest of the United States, including, but not limited to-

(i) the economic and social costs which would be incurred by taxpayers, communities, and workers if import relief were not provided under this part,

(ii) the effect of the implementation of actions under this section on consumers and on competition in domestic markets for articles, and

(iii) the impact on United States industries and firms as a result of international obligations regarding compensation;

(G) the extent to which there is diversion of foreign exports to the United States market by reason of foreign restraints;

(H) the potential for circumvention of any action taken under this section;

(I) the national security interests of the United States; and

(J) the factors required to be considered by the Commission under section 2252(e)(5) of this title.

(3) The President may, for purposes of taking action under paragraph (1)-

(A) proclaim an increase in, or the imposition of, any duty on the imported article;

(B) proclaim a tariff-rate quota on the article;

(C) proclaim a modification or imposition of any quantitative restriction on the importation of the article into the United States;

(D) implement one or more appropriate adjustment measures, including the provision of trade adjustment assistance under part 2 of this subchapter;

(E) negotiate, conclude, and carry out agreements with foreign countries limiting the export from foreign countries and the import into the United States of such article;

(F) proclaim procedures necessary to allocate among importers by the auction of import licenses quantities of the article that are permitted to be imported into the United States;

(G) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat thereof;

(H) submit to Congress legislative proposals to facilitate the efforts of the domestic industry to make a positive adjustment to import competition;

(I) take any other action which may be taken by the President under the authority of law and which the President considers appropriate and feasible for purposes of paragraph (1); and

(J) take any combination of actions listed in subparagraphs (A) through (I).

(4)

(A) Subject to subparagraph (B), the President shall take action under paragraph (1) within 60 days (50 days if the President has proclaimed provisional relief under section 2252(d)(2)(D) of this title with respect to the article concerned) after receiving a report from the Commission containing an affirmative determination under section 2252(b)(1) of this title (or a determination under such section which he considers to be an affirmative determination by reason of section 1330(d) of this title).

(B) If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under section 2252(d)(2)(D) of this title with respect to the article concerned, action by the President under paragraph (1) may not be taken later than the 200th day after the provisional relief was proclaimed.

(5) The President may, within 15 days after the date on which he receives a report from the Commission containing an affirmative determination under section 2252(b)(1) of this title, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President's request, furnish additional information with respect to the industry in a supplemental report.

(b) Reports to Congress

(1) On the day the President takes action under subsection (a)(1), the President shall transmit to Congress a document describing the action and the reasons for taking the action. If the action taken by the President differs from the action required to be recommended by the Commission under section 2252(e)(1) of this title, the President shall state in detail the reasons for the difference.

(2) On the day on which the President decides that there is no appropriate and feasible action to take under subsection (a)(1) with respect to a domestic industry, the President shall transmit to Congress a document that sets forth in detail the reasons for the decision.

(3) On the day on which the President takes any action under subsection (a)(1) that is not reported under paragraph (1), the President shall transmit to Congress a document setting forth the action being taken and the reasons therefor.

(c) Implementation of action recommended by Commission

If the President reports under subsection (b)(1) or (2) that-

(1) the action taken under subsection (a)(1) differs from the action recommended by the Commission under section 2252(e)(1) of this title; or

(2) no action will be taken under subsection (a)(1) with respect to the domestic industry;

the action recommended by the Commission shall take effect (as provided in subsection (d)(2)) upon the enactment of a joint resolution described in section 2192(a)(1)(A) of this title within the 90-day period beginning on the date on which the document referred to in subsection (b)(1) or (2) is transmitted to the Congress.

(d) Time for taking effect of certain relief

(1) Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C), that is taken under subsection (a)(1) shall take effect within 15 days after the day on which the President proclaims the action, unless the President announces, on the date he decides to take such action, his intention to negotiate one or more agreements described in subsection (a)(3)(E) in which case the action under subsection (a)(3)(A), (B), or (C) shall be proclaimed and take effect within 90 days after the date of such decision.

(2) If the contingency set forth in subsection (c) occurs, the President shall, within 30 days after the date of the enactment of the joint resolution referred to in such subsection, proclaim the action recommended by the Commission under section 2252(e)(1) of this title.

(e) Limitations on actions

(1)

(A) Subject to subparagraph (B), the duration of the period in which an action taken under this section may be in effect shall not exceed 4 years. Such period shall include the period, if any, in which provisional relief under section 2252(d) of this title was in effect.

(B)

(i) Subject to clause (ii), the President, after receiving an affirmative determination from the Commission under section 2254(c) of this title (or, if the Commission is equally divided in its determination, a determination which the President considers to be an affirmative determination of the Commission), may extend the effective period of any action under this section if the President determines that-

(I) the action continues to be necessary to prevent or remedy the serious injury; and

(II) there is evidence that the domestic industry is making a positive adjustment to import competition.

(ii) The effective period of any action under this section, including any extensions thereof, may not, in the aggregate, exceed 8 years.

(2) Action of a type described in subsection (a)(3)(A), (B), or (C) may be taken under subsection (a)(1), under section 2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this title only to the extent the cumulative impact of such action does not exceed the amount necessary to prevent or remedy the serious injury.

(3) No action may be taken under this section which would increase a rate of duty to (or impose a rate) which is more than 50 percent ad valorem above the rate (if any) existing at the time the action is taken.

(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the average quantity or value of such article entered into the United States in the most recent 3 years that are representative of imports of such article and for which data are available, unless the President finds that the importation of a different quantity or value is clearly justified in order to prevent or remedy the serious injury.

(5) An action described in subsection (a)(3)(A), (B), or (C) that has an effective period of more than 1 year shall be phased down at regular intervals during the period in which the action is in effect.

(6)

(A) The suspension, pursuant to any action taken under this section, of-

(i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United States with respect to an article; and

(ii) the designation of any article as an eligible article for purposes of subchapter V;

shall be treated as an increase in duty.

(B) No proclamation providing for a suspension referred to in subparagraph (A) with respect to any article may be made by the President, nor may any such suspension be recommended by the Commission under section 2252(e) of this title, unless the Commission, in addition to making an affirmative determination under section 2252(b)(1) of this title, determines in the course of its investigation under section 2252(b) of this title that the serious injury, or threat thereof, substantially caused by imports to the domestic industry producing a like or directly competitive article results from, as the case may be-

(i) the application of subheading 9802.00.60 or subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or

(ii) the designation of the article as an eligible article for the purposes of subchapter V.

(7)

(A) If an article was the subject of an action under subparagraph (A), (B), (C), or (E) of subsection (a)(3), no new action may be taken under any of those subparagraphs with respect to such article for-

(i) a period beginning on the date on which the previous action terminates that is equal to the period in which the previous action was in effect, or

(ii) a period of 2 years beginning on the date on which the previous action terminates,

whichever is greater.

(B) Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) with respect to an article was in effect for a period of 180 days or less, the President may take a new action under any of those subparagraphs with respect to such article if-

(i) at least 1 year has elapsed since the previous action went into effect; and

(ii) an action described in any of those subparagraphs has not been taken with respect to such article more than twice in the 5-year period immediately preceding the date on which the new action with respect to such article first becomes effective.

(f) Certain agreements

(1) If the President takes action under this section other than the implemention ¹ of agreements of the type described in subsection (a)(3)(E), the President may, after such action takes effect, negotiate agreements of the type described in subsection (a)(3)(E), and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken.

(2) If an agreement implemented under subsection (a)(3)(E) is not effective, the President may, consistent with the limitations contained in subsection (e), take additional action under subsection (a).

(g) Regulations

(1) The President shall by regulation provide for the efficient and fair administration of all actions taken for the purpose of providing import relief under this part.

(2) In order to carry out an international agreement concluded under this part, the President may prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement of the type described in subsection (a)(3)(E) that is concluded under this part with one or more countries accounting for a major part of United States imports of the article covered by such agreement, including imports into a major geographic area of the United States, the President may issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement.

(3) Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers.

¹ So in original. Probably should be "implementation".

19 U.S.C. § 2253

Pub. L. 93-618, title II, §203, Jan. 3, 1975, 88 Stat. 2015; Pub. L. 96-39, title XI, §1106(d), July 26, 1979, 93 Stat. 312; Pub. L. 98-573, title II, §248(a), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100-418, title I, §§1214(j)(2), 1401(a), Aug. 23, 1988, 102 Stat. 1158, 1234; Pub. L. 100-647, title IX, §9001(a)(2), Nov. 10, 1988, 102 Stat. 3806; Pub. L. 103-465, title III, §§301(d)(3), 302 (4)(A), 303(7)-(10), Dec. 8, 1994, 108 Stat. 4933-4937.

EDITORIAL NOTES

REFERENCES IN TEXTThe Harmonized Tariff Schedule of the United States, referred to in subsec. (e)(6), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

AMENDMENTS1994-Subsec. (a)(2)(C). Pub. L. 103-465, §303(7), substituted "2252(a)" for "2251(b)".Subsec. (a)(3)(E). Pub. L. 103-465, §302(a)(1), struck out "orderly marketing" before "agreements".Subsec. (a)(4). Pub. L. 103-465, §301(d)(3), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), the" for "The", inserted "(50 days if the President has proclaimed provisional relief under section 2252(d)(2)(D) of this title with respect to the article concerned)" after "60 days", and substituted a period and subpar. (B) for "; except that if a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received."Subsec. (c). Pub. L. 103-465, §303(8), substituted "subsection (d)(2)" for "subsection (c)(2)" in concluding provisions.Subsec. (d)(1). Pub. L. 103-465, §302(a)(2), substituted "agreements described in subsection (a)(3)(E)" for "orderly marketing agreements".Subsec. (e)(1). Pub. L. 103-465, §302(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows:"(1)(A) The duration of the period in which action taken under this section may be in effect shall not exceed 8 years."(B) If the initial effective period for action taken under this section is less than 8 years, the President may extend the effective period once, but the aggregate of the initial period and the extension may not exceed 8 years."Subsec. (e)(2). Pub. L. 103-465, §303(9), substituted "of a type described in subsection (a)(3)(A), (B), or (C) may be taken under subsection (a)(1), under section 2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this title" for "may be taken under subsection (a)(1)(A), (B), or (C) or under section 2252(d)(2)(B) of this title" and struck out "or threat thereof" after "the serious injury".Subsec. (e)(4), (5). Pub. L. 103-465, §302(b)(2), (3), amended pars. (4) and (5) generally. Prior to amendment, pars. (4) and (5) read as follows:"(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article."(5) To the extent feasible, an effective period of more than 3 years for an action described in subsection (a)(3)(A), (B), or (C) of this section shall be phased down during the period in which the action is taken, with the first reduction taking effect no later than the close of the day which is 3 years after the day on which such action first takes effect."Subsec. (e)(6)(B). Pub. L. 103-465, §303(10), substituted "section 2252(e) of this title" for "subsection (c) of this section" and "section 2252(b) of this title" for "subsection (a) of this section".Subsec. (e)(7). Pub. L. 103-465, §302(b)(4)(A), added par. (7).Subsec. (f). Pub. L. 103-465, §302(a)(3), in heading, substituted "Certain" for "Orderly marketing and other", in par. (1), substituted "implementation of agreements of the type described in subsection (a)(3)(E)" for "implementation of orderly marketing agreements" and "negotiate agreements of the type described in subsection (a)(3)(E)" for "negotiate orderly marketing agreements with foreign countries", and in par. (2), substituted "agreement implemented under subsection (a)(3)(E)" for "orderly marketing agreement implemented under subsection (a) of this section".Subsec. (g)(2). Pub. L. 103-465, §302(a)(4), in first sentence, struck out "orderly marketing or other" before "international", and in second sentence, substituted "agreement of the type described in subsection (a)(3)(E) that is" for "orderly marketing agreement" and "covered by such agreement" for "covered by such agreements".1988- Pub. L. 100-418, §1401(a), in amending section generally, substituted provisions relating to action by President after determination of import injury for provisions relating to import relief.Subsec. (e)(6)(A)(i). Pub. L. 100-418, §1214(j)(2)(A), as amended by Pub. L. 100-647, §9001(a)(2)(B)(i), (ii), substituted "subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United States" for "item 806.30 or 807.00 of the Tariff Schedules of the United States".Subsec. (e)(6)(B). Pub. L. 100-647, §9001(a)(2)(A), substituted "(i) the application" for "(A) the application", and "(ii) the designation" for "(B) the designation".Subsec. (e)(6)(B)(i). Pub. L. 100-418, §1214(j)(2)(B), as amended by Pub. L. 100-647, §9001(a)(2)(B)(i), (iii), substituted "subheading 9802.00.60 or subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States" for "item 806.30 or item 807.00".1984-Subsec. (c)(1). Pub. L. 98-573, §248(a)(1), substituted provision that the action recommended by the Commission shall take effect upon enactment of a joint resolution described in section 2192(a)(1)(A) of this title for provision that the action recommended by the Commission would take effect upon the adoption by both Houses of Congress, by an affirmative vote of a majority of the Members of each House present and voting under the procedures set forth in section 2192 of this title, of a concurrent resolution disapproving the action taken by the President or his determination not to provide import relief under section 2252(a)(1)(A) of this title.Subsec. (c)(2). Pub. L. 98-573, §248(a)(2), substituted "enactment of the joint resolution referred to in paragraph (1)" for "adoption of such resolution" and "section 2251(d)" for "section 2251(b)".1979-Subsec. (a)(4). Pub. L. 96-39, §1106(d)(1), substituted "negotiate, conclude, and carry out" for "negotiate".Subsec. (b)(1). Pub. L. 96-39, §1106(d)(2)(A), (B), substituted "On the day the President determines under section 2252 of this title to provide import relief, including announcement of his intention to negotiate an orderly marketing agreement" for "On the day on which the President proclaims import relief under this section or announces his intention to negotiate one or more orderly marketing agreements" and section "2251(d)(1)(A)" for "2251(b)(1)(A)" of this title.Subsec. (b)(3). Pub. L. 96-39, §1106(d)(2)(C), added par. (3).Subsec. (c)(1). Pub. L. 96-39, §1106(d)(3)(A), (B), substituted "section 2251(d)(1)(A)" for "section 2251(b)(1)(A)" of this title and inserted "under the procedures set forth in section 2192 of this title" after "voting".Subsec. (e)(3). Pub. L. 96-39, §1106(d)(4), substituted "subsection (a) of this section" for "subsection (a)(1), (2), (3), or (5) of this section".Subsec. (g)(1). Pub. L. 96-39, §1106(d)(5)(A), (B), struck out "quantitative" before "restriction" and substituted "pursuant to this section" for "pursuant to subsection (a)(3) or (c) of this section".Subsec. (g)(2). Pub. L. 96-39, §1106(d)(6), inserted references to subsec. (e)(3) of this section.Subsec. (h)(3). Pub. L. 96-39, §1106(d)(7)(A), (B), inserted reference to subsec. (i)(3) of this section and substituted "one period of not more than 3 years" for "one 3-year period".Subsec. (h)(4). Pub. L. 96-39, §1106(d)(7)(A), inserted reference to subsec. (i)(3) of this section.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103-465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 304(a) of Pub. L. 103-465 set out as a note under section 2252 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTSAmendment by Pub. L. 100-647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647 set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.Amendment by section 1214(j)(2) of Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100-418 set out as an Effective Date note under section 3001 of this title.Amendment by section 1401a of Pub. L. 100-418effective Aug. 23, 1988, and applicable with respect to investigations initiated under this part 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.

EFFECTIVE DATE OF 1984 AMENDMENTAmendment by Pub. L. 98-573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98-573set out as a note under section 1304 of this title.

EFFECTIVE DATE OF 1979 AMENDMENTAmendment by Pub. L. 96-39 effective July 26, 1979, see section 1114 of Pub. L. 96-39 set out as an Effective Date note under section 2581 of this title.

STEEL IMPORT STABILIZATIONTitle VIII of Pub. L. 98-573 as amended by Pub. L. 100-418, title I, §1322, Aug. 23, 1988, 102 Stat. 1195; Pub. L. 101-221, §§2, Dec. 12, 1989, 3, Dec. 12, 1989, 103 Stat. 1886-1889, known as the Steel Import Stabilization Act, endorsed principles and goals of steel trade liberalization program as announced by the President on July 25, 1989, and provided for its implementation, granted specific enforcement powers to President to carry out terms and conditions of bilateral arrangements entered into for purposes of implementing that program, made continuation of those powers subject to condition that steel industry continue to modernize its plant and equipment and provide for appropriate worker retraining, directed Secretary of Labor to prepare and submit to Congress plan of action for assisting workers in communities adversely affected by imports of steel products, and provided that section 805 which provided enforcement authority for President would terminate Mar. 31, 1992.

LIMITATION ON MEAT IMPORTSPub. L. 88-482, §2, Aug. 22, 1964, 78 Stat. 594, as amended by Pub. L. 96-177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. 100-418, title I, §1214(u), Aug. 23, 1988, 102 Stat. 1162; Pub. L. 100-449, title III, §301(b), Sept. 28, 1988, 102 Stat. 1867; Pub. L. 103-182, title III, §321(a), Dec. 8, 1993, 107 Stat. 2108, provided that this section was to be cited as the "Meat Import Act of 1979", defined terms for purposes of this section, limited with exception the aggregate quantity of meat articles which could enter the country in any calendar year after 1979, provided for adjustment of aggregate quantity for calendar years after 1979, required Secretary of Agriculture to estimate and publish yearly aggregate quantity, authorized President to increase or limit by proclamation the total quantity of meat articles entering this country under certain circumstances, and provided for suspension of such proclamations after providing notice in Federal Register and opportunity to comment, prior to repeal by Pub. L. 103-465, title IV, §403, Dec. 8, 1994, 108 Stat. 4959, effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995).

ad valorem

The term "ad valorem" includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.

duty

The term "duty" includes the rate and form of any import duty, including but not limited to tariff-rate quotas.

existing

The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).