Page:United States Statutes at Large Volume 102 Part 2.djvu/209

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1213

"(A) significant investment in plant and equipment; "(B) significant employment of labor or capital; or "(C) substantial investment in its exploitation, including engineering, research and development, or licensing. "(4) For the purposes of this section, the phrase 'owner, importer, or consignee' includes any agent of the owner, importer, or consignee.". (2) Subsection (c) is amended by inserting before the period in the first sentence the following: ", except that the Commission may, by issuing a consent order or on the basis of a settlement agreement, terminate any such investigation, in whole or in part, without making such a determination". (3) Subsection (e) is amended— (A) by striking out " I f in the first sentence and inserting "(1) I f; and (B) by adding at the end thereof the following new paragraphs: "(2) A complainant may petition the Commission for the issuance of an order under this subsection. The Commission shall make a determination with regard to such petition by no later than the 90th day after the date on which the Commission's notice of investigation is published in the Federal Register. The Commission may extend the 90-day period for an additional 60 days in a case it designates as a more complicated case. The Commission shall publish in the Federal Register its reasons why it designated the case as being more complicated. The Commission may require the complainant to post a bond as a prerequisite to the issuance of an order under this subsection. "(3) The Commission may grant preliminary relief under this subsection or subsection (f) to the same extent as preliminary injunctions and temporary restraining orders may be granted under the Federal Rules of Civil Procedure.". (4) Subsection (f) is amended— (A) by striking out "In lieu o f in paragraph (1) and inserting "In addition to, or in lieu of,"; and (B) by striking out "$10,000 or" in paragraph (2) and inserting "$100,000 or twice". (5) Such section is further amended— (A) by redesignating subsections (g), (h), (i), and 0*) as subsections (j), (k), (1), and (m), respectively; and (B) by inserting after subsection (f) the following new subsections: "(g)(DIf"(A) a complaint is filed against a person under this section; "(B) the complaint and a notice of investigation are served on the person; "(C) the person fails to respond to the complaint and notice or otherwise fails to appear to answer the complaint and notice; "(D) the person fails to show good cause why the person should not be found in default; and "(E) the complainant seeks relief limited solely to that person; the Commission shall presume the facts alleged in the complaint to be true and shall, upon request, issue an exclusion from entry or a cease and desist order, or both, limited to that person unless, after considering the effect of such exclusion or order upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in

Federal Register, publication.

�