Page:United States Statutes at Large Volume 103 Part 2.djvu/878

 103 STAT. 1888 PUBLIC LAW 101-221—DEC. 12, 1989 19 USC 2253 note. Federal Register, publication. bilateral arrangement, such actions as may be necessary or appro- priate to ensure an orderly transition to that arrangement.". 0?) SHORT SUPPLY SITUATIONS.—Section 805(b) of the Steel Import Stabilization Act is amended to read as follows: "(b)(1) If- "(A) a bilateral arrangement includes a provision relating to short supply situations; and "(B) the Secretary of Commerce (hereinafter in this subsec- tion referred to as the 'Secretary') determines, in accordance with this subsection, that a short supply situation exists in the United States with respect to a steel product that is subject to a quantitative limitation under such arrangement; the Secretary shall authorize the importation of additional quan- tities of that product without regard to any aggregate quantitative import limitation in effect under such arrangement. "(2) In determining under this subsection whether a short supply situation exists in the United States with respect to a steel product, the Secretary shall take into account all relevant factors, in- cluding— "(A) (to the extent information is available) the recent levels of capacity utilization for domestic facilities producing the product; "(B) the quantity of the steel product requested in a short supply petition and the ability of domestic producers to supply the product in such quantity; "(C) the willingness of a domestic producer to supply the steel product at a price which is not an aberration from prevailing domestic market prices; "(D) reasonable specifications requested by the purchaser or any end user; and "(E) delivery times to the purchaser and any end user of the steel product. "(3)(A) A petition requesting a determination under this subsec- tion may be filed with the Secretary. The petition must be in such form and contain such relevant information as the Secretary requires. "(B) If the Secretary considers that a petition filed under subpara- graph (A) is adequate, the Secretary shall promptly cause to be published in the Federal Register a notice that a determination under this subsection with respect to the steel product concerned is under consideration. "(C) The Secretary shall provide opportunity for comment by interested persons regarding the issues raised in a petition. "(D)(i) The petitioner shall certify that the factual information contained in the petition and any additional submission is accurate and complete to the best of the petitioner's knowledge. "(ii) An interested person shall certify that the factual informa- tion submitted by that person to the Secretary is accurate and complete to the best of the person's knowledge. "(4)(A) If an adequate petition is filed under paragraph (3)(A), the Secretary shall determine, not later than the day specified in subparagraph (B)— "(i) whether a short supply situation exists in the United States with respect to the steel product; and "(ii) if the determination under clause (i) is affirmative, the quantity of the steel product that the Secretary will authorize for importation.

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