Page:United States Statutes at Large Volume 120.djvu/1237

 120 STAT. 1206

President. Effective date.

Deadline.

Federal Register, publication.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

Jkt 059194

PUBLIC LAW 109–283—SEPT. 26, 2006 (A) The suspension of any further reduction provided for under Annex 2–B 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. (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 liberalization 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, in the aggregate, be in effect for more than 3 years. (2) EXTENSION.— (A) IN GENERAL.—If the initial period for any import relief provided under this section is less than 3 years, the President, after receiving a determination from the Commission under subparagraph (B) that is affirmative, or which the President considers to be affirmative under paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), may extend the effective period of any import relief provided under this section, subject to the limitation under paragraph (1), 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 competition; and (ii) there is evidence that the industry is making a positive adjustment to import competition. (B) ACTION BY COMMISSION.— (i) INVESTIGATION.—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 terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition and whether there is evidence that the industry is making a positive adjustment to import competition. (ii) NOTICE AND HEARING.—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 Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to

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