Page:United States Statutes at Large Volume 108 Part 6.djvu/365

 ^j**svV-'j PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4933 "(ii) delay in taking action under this chapter would cause damage to that industry that would be difficult to repair. "(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is foasible and would prevent or remedy the serious injury. "(C) The Commission shall immediately report to the Presi- Reports, dent its determinations under subparagraph (A)(i) and (ii) and, if the determinations are affirmative, the finding under subparagraph (B). "(D) Within 30 days after receiving a report fix)m the President. Commission under subparagraph (C) containing sm affirmative determination under subparagraph (A)(i) and (ii), the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (B), shall proclaim, for a period not to exceed 200 days, such provisional relief that the President considers necessary to prevent or remedy the serious injury. Such relief shall take the form of an increase in, or the imposition of, a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.". (2) TIME LIMITS FOR DETERMINATIONS. —Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended— (A) in subsection (b)(2)— (i) in subparagraph (A) by inserting "(180 days if the petition alleges that critical circumstances exist)" after ^20 days"; and (ii) in subparagraph (B) by inserting "(210 days if the petition alleges that critical circumstances exist)" aft^r "150 days"; and (B) in subsection (f)(1) by inserting "(240 days if the petition alleges that critical circumstances exist)" after "180 days". (3) ACTION BY THE PRESIDENT.— Section 203(a)(4) of the Trade Act of 1974 (19 U.S.C. 2253(a)(4)) is amended— (A) by striking "The" and inserting "(A) Subject to subparagraph (B), the"; (B) by inserting after "60 days" the following: "(50 days if the President has proclaimed provisional relief under section 202(d)(2)(D) with respect to the article concerned)"; and (C) by striking "; except that" and all that follows through "received? and inserting a period and the following: "(B) If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) witiun 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under section 202(d)(2)(D) with respect to the article concerned, action by the President under paragraph (1) may not be taken later than the 200th day after the provisional relief was proclaimed.".

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