Page:United States Statutes at Large Volume 102 Part 2.djvu/233

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1237

"(2) Action may be taken under subsection (a)(l)(A), (B), or (C) or under section 202(d)(2)(B) only to the extent the cumulative impact of such action does not exceed the amount necessary to prevent or remedy the serious injury or threat thereof. "(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 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) 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. "(6)(A) The suspension, pursuant to any action taken under this section, of— "(i) item 806.30 or 807.00 of the Tariff Schedules of the United States with respect to an article; and "(ii) the designation of any article as an eligible article for purposes of title 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 203(c), unless the Commission, in addition to making an affirmative determination under section 202(b)(l), determines in the course of its investigation under section 203(a) 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 "(A) the application of item 806.30 or item 807.00; or "(B) the designation of the article as an eligible article for the purposes of title V. "(f) ORDERLY MARKETING AND OTHER AGREEMENTS.—

"(1) If the President takes action under this section other than the implemention of orderly marketing agreements, the President may, after such action takes effect, negotiate orderly marketing agreements with foreign countries, and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken. subsection (a) is not effective, the President may, consistent with the limitations contained in subsection (e), take additional action under subsection (a). "(g) REGULATIONS.—
 * (2) If an orderly marketing agreement implemented under

"(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 chapter. "(2) In order to carry out an orderly marketing or other international agreement concluded under this chapter, the President may prescribe regulations governing the entry or

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