Page:United States Statutes at Large Volume 118.djvu/1149

 118 STAT. 1119 PUBLIC LAW 108–302—AUG. 17, 2004 to facilitate the efforts of the domestic industry to make a positive adjustment to import competition. (b) EXCEPTION.—The President is not required to provide import relief under this section if the President determines that the provi sion of the import relief will not provide greater economic and social benefits than costs. (c) NATURE OF RELIEF.— (1) IN GENERAL.—The import relief (including provisional relief) that the President is authorized to provide under this section with respect to imports of an article is as follows: (A) The suspension of any further reduction provided for under Annex IV of the Agreement in the duty imposed on such article. (B) An increase in the rate of duty imposed on such 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 (ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force. (C) In the case of a duty applied on a seasonal basis to such article, 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 for the immediately preceding corresponding season; or (ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force. (2) PROGRESSIVE LIBERALIZATION.—If the period for which import relief is provided under this section is greater than 1 year, the President shall provide for the progressive liberaliza tion of such relief at regular intervals during the period in which the relief is in effect. (d) PERIOD OF RELIEF.— (1) IN GENERAL.—Subject to paragraph (2), any import relief that the President provides under this section may not be in effect for more than 3 years. (2) EXTENSION.— (A) IN GENERAL.—Subject to subparagraph (C), the President, after receiving an affirmative determination from the Commission under subparagraph (B), may extend the effective period of any import relief provided under this section if the President determines that— (i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competi tion; and (ii) there is evidence that the industry is making a positive adjustment to import competition. (B) ACTION BY COMMISSION.—(i) Upon a petition on behalf of the industry concerned that is filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before Deadline. President.

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