Page:United States Statutes at Large Volume 117.djvu/987

 117 STAT. 968

Federal Register, publication. Notice.

President. 19 USC 3805 note.

VerDate 11-MAY-2000

13:45 Aug 26, 2004

PUBLIC LAW 108–78—SEPT. 3, 2003

Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request. (b) PUBLICATION OF REQUEST.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include the request and the dates by which comments and rebuttals must be received. SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

(a) DETERMINATION.— (1) IN GENERAL.—Pursuant to a request made by an interested party, the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, a Singaporean textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions that imports of the article constitute a substantial cause of serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article. (2) SERIOUS DAMAGE.—In making a determination under paragraph (1), the President— (A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and (B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof. (3) SUBSTANTIAL CAUSE.—For purposes of this subsection, the term ‘‘substantial cause’’ means a cause that is important and not less than any other cause. (b) PROVISION OF RELIEF.— (1) IN GENERAL.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry. (2) NATURE OF RELIEF.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is— (A) the suspension of any further reduction provided for under Annex 2B of the Agreement in the duty imposed on the article; or (B) an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of— (i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or

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