Page:United States Statutes at Large Volume 114 Part 1.djvu/921

 PUBLIC LAW 106-286—OCT. 10, 2000 114 STAT. 885 "(2) Within 55 days after receipt of the report under subsection (g) (or 35 days in the case of an affirmative preHminary determination under subsection (i)(l)(B)), the Trade Representative, taking into account the views and evidence received under paragraph (1) on the measure proposed by the Trade Representative, shall make a recommendation to the President concerning what action, if any, to take to prevent or remedy the market disruption. "(i) CRITICAL CIRCUMSTANCES. — (1) When a petition filed under Deadline. subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to the product identified in the petition, the Commission shall, not later than 45 days after the petition containing the request is filed— "(A) determine whether delay in taking action under this section would cause damage to the relevant domestic industry which would be difficult to repair; and "(B) if the determination under subparagraph (A) is affirmative, make a preliminary determination of whether imports of the product which is the subject of the investigation have caused or threatened to cause market disruption. If the Commissioners voting are equally divided with respect to either of its determinations, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. "(2) On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Commission shall include in its report its recommendations on proposed provisional measures to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the proposed provisional measures to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional measures referred to in this paragraph. "(3) If the determinations under paragraph (1) are affirmative,, or may be considered by the President or the Trade Representative as affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, determine the amount or extent of provisional relief that is necessary to prevent or remedy the market disruption and shall provide a recommendation to the President on what provisional measures, if any, to take. "(4)(A) The President shall determine whether to provide provisional relief and proclaim such relief, if any, within 10 days after receipt of the recommendation from the Trade Representative. "(B) Such relief may take the form of— "(i) the imposition of or increase in any duty; "(ii) any modification, or imposition of any quantitative restriction on the importation of an article into the United Steites; or 79-194O-00 -30:QL3Part1

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