Page:United States Statutes at Large Volume 119.djvu/3616

 119 STAT. 3598

PUBLIC LAW 109–169—JAN. 11, 2006 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. (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 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.

19 USC 3805 note.

19 USC 3805 note.

SEC. 324. ARTICLES EXEMPT FROM RELIEF.

19 USC 3805 note.

VerDate 14-DEC-2004

SEC. 323. PERIOD OF RELIEF.

SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

07:21 Oct 30, 2006

(a) IN GENERAL.—Subject to subsection (b), any import relief that the President provides under subsection (b) of section 322 may not, in the aggregate, be in effect for more than 3 years. (b) EXTENSION.—If the initial period for any import relief provided under section 322 is less than 3 years, the President may extend the effective period of any import relief provided under that section, subject to the limitation set forth in subsection (a), if the President determines that— (1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and (2) there is evidence that the industry is making a positive adjustment to import competition. The President may not provide import relief under this subtitle with respect to any article if— (1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force; or (2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.

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