Page:United States Statutes at Large Volume 123.djvu/391

 123STA T . 3 7 1 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (B)VALUE- A D DED PRO DU CTI O N PROCE S SES OR SER V - ICES .—Forpu rpo se so f su b p a ra g rap h ( A ) ,v a l ue-a d ded produ cti o n processes or services include final asse m bl y , finishing, testing, pac k aging, or maintenance or transpor- tation services. ’ ’ (iv) in paragraph ( 4 )— ( I ) by striking ‘‘(or subdivision)’’; and (II) by inserting ‘‘, or services, used in the production of articles or in the supply of services, as the case may be,’’ after ‘‘for articles’’; and (v) by adding at the end the follo w ing ‘‘( 5 ) R E F ERENCE TO FIR M .—For purposes of subsection (a), the term ‘firm’ does not include a public agency.’’. ( 3 ) S ection 2 3 1 (a)(2) of the T rade Act of 1 97 4 (19 U .S. C . 2291(a)(2)) is amended— (A) in the matter preceding subparagraph (A), by striking ‘‘or subdivision of a firm’’; and (B) in subparagraph (C), by striking ‘‘or subdivision’’. SEC.1802 .SE PAR A T E B AS I S FO R CERTIFICATIO N . Section 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended, is further amended by adding at the end the following: ‘‘(f) FIRMS IDENTIFIED BY T H E INTERNATIONAL TRADE COMMIS- SION.— N otwithstanding any other provision of this chapter, a group of workers covered by a petition filed under section 221 shall be certified under subsection (a) as eligible to apply for ad j ustment assistance under this chapter if— ‘‘(1) the workers’ firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in— ‘‘(A) an affirmative determination of serious injury or threat thereof under section 2 0 2(b)(1); ‘‘(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1); or ‘‘(C) an affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1 6 71d(b)(1)(A) and 1673d(b)(1)(A)); ‘‘(2) the petition is filed during the one-year period begin- ning on the date on which— ‘‘(A) a summary of the report submitted to the P resi- dent by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or ‘‘(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (1) is published in the Federal Register; and ‘‘(3) the workers have become totally or partially separated from the workers’ firm within— ‘‘(A) the one-year period described in paragraph (2); or ‘‘(B) notwithstanding section 223(b), the one-year period preceding the one-year period described in para- graph (2).’’. Timep e r i od.N o t i c e. F eder alR e g i s ter , p ub licatio n .