Page:United States Statutes at Large Volume 102 Part 2.djvu/221

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1225

Subtitle D—Adjustment to Import Competition PART 1—POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS SEC. 1401. POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS.

(a) IN GENERAL.—Chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251-2253) is amended to read as follows: "CHAPTER 1—POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS "SEC. 201. ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT 19 USC 2251. COMPETITION.

"(a) PRESIDENTIAL ACTION.—If the United States International Trade Commission (hereinafter referred to in this chapter as the 'Commission') determines under section 202(b) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this chapter, 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) POSITIVE ADJUSTMENT TO IMPORT COMPETITION.—

"(1) For purposes of this chapter, a positive adjustment to import competition occurs when— "(A) the domestic industry— "(i) is able to compete successfully with imports after actions taken under section 204 terminate, or "(ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and "(B) dislocated workers in the industry experience an orderly transition to productive pursuits. "(2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 202(b). "SEC. 202. INVESTIGATIONS, DETERMINATIONS, TIONS BY COMMISSION.

AND

RECOMMENDA- 19 USC 2252.

"(a) PETITIONS AND ADJUSTMENT PLANS.—

"(1) A petition requesting action under this chapter for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. "(2) A petition under paragraph (1)— "(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and

�