Page:United States Statutes at Large Volume 118.djvu/977

 118 STAT. 947 PUBLIC LAW 108–286—AUG. 3, 2004 and to facilitate adjustment by the domestic industry to import competition. (2) NATURE OF RELIEF.—The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of— (A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or (B) 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) CRITICAL CIRCUMSTANCES.— (1) PRESIDENTIAL DETERMINATION.—When a request filed under section 321(a) contains an allegation of critical cir cumstances and a request for provisional relief under section 321(b), the President shall, not later than 60 days after the request is filed, determine, on the basis of available information, whether— (A) there is clear evidence that— (i) imports from Australia have increased as the result of the reduction or elimination of a customs duty under the Agreement; and (ii) such imports are causing serious damage, or actual threat thereof, to the domestic industry pro ducing an article like or directly competitive with the imported article; and (B) delay in taking action under this subtitle would cause damage to that industry that would be difficult to repair. (2) EXTENT OF PROVISIONAL RELIEF.—If the determinations under subparagraphs (A) and (B) of paragraph (1) are affirma tive, the President shall determine the extent of provisional relief that is necessary to remedy or prevent the serious dam age. The nature of the provisional relief available shall be the relief described in subsection (b)(2). Within 30 days after making affirmative determinations under subparagraphs (A) and (B) of paragraph (1), the President, if the President con siders provisional relief to be warranted, shall provide, for a period not to exceed 200 days, such provisional relief that the President considers necessary to remedy or prevent the serious damage. (3) SUSPENSION OF LIQUIDATION.—If provisional relief is provided under paragraph (2), the President shall order the suspension of liquidation of all imported articles subject to the affirmative determinations under subparagraphs (A) and (B) of paragraph (1) that are entered, or withdrawn from ware house for consumption, on or after the date of the determina tions. (4) TERMINATION OF PROVISIONAL RELIEF.— (A) IN GENERAL.—Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which— (i) the President makes a negative determination under subsection (a) regarding serious damage or actual threat thereof by imports of such article; Deadline. Deadline.

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