Page:United States Statutes at Large Volume 102 Part 2.djvu/227

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1231

"(ii) action described in section 203(a)(3)(A) or (C) takes effect under section 203 with respect to such article; "(iii) a decision by the President not to take any action under section 203(a) with respect to such article becomes final; or "(iv) whenever the President determines that, because of changed circumstances, such relief is no longer warranted. "(B) Any suspension of liquidation ordered under paragraph (3) with respect to an imported article shall terminate on the day on which provisional relief is terminated under subparagraph (A) with respect to the article. "(C) If an increase in, or the imposition of, a duty that is proclaimed under section 203 on an imported article is different from a duty increase or imposition that was proclsdmed for such an article under this section, then the entry of any such article for which liquidation was suspended under paragraph (3) shall be liquidated at whichever of such rates of duty is lower. "(D) If provisional relief in the form of an increase in, or the imposition of, a duty is proclaimed under this section with respect to an imported article and neither a duty increase nor a duty imposition is proclaimed under section 203 regarding such article, the entry of any such article for which liquidation was suspended under paragraph (3) may be liquidated at the rate of duty that applied before provisional relief was provided. "(5) For purposes of this subsection: "(A) A perishable agricultural product is any agricultural article, including livestock, regarding which the Trade Representative considers action under this section to be appropriate after taking into account— "(i) whether the article has— "(I) a short shelf life, "(II) a short growing season, or "(III) a short marketing period, "(ii) whether the article is treated as a perishable product under any other Federal law or regulation; and "(iii) any other factor considered appropriate by the Trade Representative. The presence or absence of any factor which the Trade Representative is required to take into account under clause (i), (ii), or (iii) is not necessarily dispositive of whether an article is a perishable agricultural product. "(B) The term 'provisional relief means— "(i) any increase in, or imposition of, any duty; "(ii) any modification or imposition of any quantitative restriction on the importation of an article into the United States; or "(iii) any combination of actions under clauses (i) and (ii). '(e) COMMISSION RECOMMENDATIONS.—

"(1) If the Commission makes an affirmative determination under subsection (b)(l), the Commission shall also recommend the action that would address the serious injury, or threat thereof, to the domestic industry and be most effective in facilitating the efforts of the domestic industry to make a positive adjustment to import competition. "(2) The Commission is authorized to recommend under paragraph (1)—

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