Page:United States Statutes at Large Volume 118.djvu/974

 118 STAT. 944 PUBLIC LAW 108–286—AUG. 3, 2004 (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 (described in article 9.2.7 of the Agreement) 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 2 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 the date any action taken under subsection (a) is to termi nate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition. (ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commis sion shall afford interested parties and consumers an oppor tunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard. (iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date. (C) PERIOD OF IMPORT RELIEF.—Any import relief pro vided under this section, including any extensions thereof, Reports. Deadline. Federal Register, publication. Deadline. President.

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