Browse Arkansas Code titles and sections
19 U.S.C. § 2438 — Market disruption
Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigation by International Trade Commission; report; publication**
(1) Upon the filing of a petition by an entity described in [section 2252(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/a&num=0&edition=prelim), upon request of the President or the United States Trade Representative, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the International Trade Commission (hereafter in this section referred to as the “Commission”) shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist country, whether market disruption exists with respect to an article produced by a domestic industry.
(2) The provisions of subsections (a)(3), (b)(4),11 See References in Text note below. and (c)(4) of [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) shall apply with respect to investigations by the Commission under paragraph (1).
(3) The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic industry, it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President. The Commission shall furnish to the President a transc
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2438
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c35b1d9f1e64902ce472457545e3a06771c7c27d43af109980b30028ac09061b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_457c4181175f37060ea34c85
Source file: Laws/federal/codes/united-states-code/title-19/section-2438-market-disruption--b1639aa8c7.md
Pages: Not recorded – Not recorded
Passage SHA-256: da09b1a01b2547ddf8d485db42b4a39b8f0033b2aa593b3904ef6aca46fe9ad4
Source location: Title 19, Chapter 12, § 2438; chapter-012-trade-act-of-1974.md
Stored source content
**(a) Investigation by International Trade Commission; report; publication**
(1) Upon the filing of a petition by an entity described in [section 2252(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/a&num=0&edition=prelim), upon request of the President or the United States Trade Representative, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the International Trade Commission (hereafter in this section referred to as the “Commission”) shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist country, whether market disruption exists with respect to an article produced by a domestic industry.
(2) The provisions of subsections (a)(3), (b)(4),11 See References in Text note below. and (c)(4) of [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) shall apply with respect to investigations by the Commission under paragraph (1).
(3) The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic industry, it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President. The Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation.
(4) The report of the Commission of its determination with respect to an investigation under paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.
**(b) Affirmative determination** With respect to any affirmative determination of the Commission under subsection (a)—
(1) such determination shall be treated as an affirmative determination made under [section 2251(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2251/b&num=0&edition=prelim) (as in effect on the day before the date of the enactment of the Omnibus Trade and Competitiveness Act of 1988); and
(2) sections 2252 and 2253 of this title (as in effect on the day before the date of the enactment of such Act of 1988), rather than the provisions of part 1 of subchapter II of this chapter as amended by section 1401 of such Act of 1988, shall apply with respect to the taking of subsequent action, if any, by the President in response to such affirmative determination;
except that—
(A) the President may take action under such sections 2252 and 2253 of this title only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made; and
(B) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.
**(c) Products of Communist countries** If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist country, that market disruption exists with respect to an article produced by a domestic industry, he shall request the Commission to initiate an investigation under subsection (a). If the President further finds that emergency action is necessary, he may take action under sections 2252 and 2253 of this title referred to in subsection (b) as if an affirmative determination of the Commission had been made under subsection (a). Any action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the Commission’s report of such determination is submitted to the President, or (2) if an affirmative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective.
**(d) Petitions to initiate consultations as provided for by safeguard arrangements**
(1) A petition may be filed with the President by an entity described in [section 2252(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/a&num=0&edition=prelim) requesting the President to initiate consultations provided for by the safeguard arrangements of any agreement entered into under [section 2435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435&num=0&edition=prelim) with respect to imports of an article which is the product of the country which is the other party to such agreement.
(2) If the President determines that there are reasonable grounds to believe, with respect to imports of such article, that market disruption exists with respect to an article produced by a domestic industry, he shall initiate consultations with such country with respect to such imports.
**(e) Definitions; factors determining existence of market disruption** For purposes of this section—
(1) The term “Communist country” means any country dominated or controlled by communism.
(2)
(A) Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry.
(B) For purposes of subparagraph (A):
(i) Imports of an article shall be considered to be increasing rapidly if there has been a significant increase in such imports (either actual or relative to domestic production) during a recent period of time.
(ii) The term “significant cause” refers to a cause which contributes significantly to the material injury of the domestic industry, but need not be equal to or greater than any other cause.
(C) The Commission, in determining whether market disruption exists, shall consider, among other factors—
(i) the volume of imports of the merchandise which is the subject of the investigation;
(ii) the effect of imports of the merchandise on prices in the United States for like or directly competitive articles;
(iii) the impact of imports of such merchandise on domestic producers of like or directly competitive articles; and
(iv) evidence of disruptive pricing practices, or other efforts to unfairly manage trade patterns.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty for noncooperating countries** Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States—
(1) to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia,
(2) to repatriate such personnel who are alive, and
(3) to return the remains of such personnel who are dead to the United States,
then, during the period beginning with the date of such determination and ending on the date on which the President determines such country is cooperating with the United States, he may provide that—
(A) the products of such country may not receive nondiscriminatory treatment,
(B) such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and
(C) no commercial agreement entered into under this subchapter between such country and the United States will take effect.
**(b) Exception** This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2435
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) National trade estimates**
(1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall—
(A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of—
(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and
(iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon.
(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and
(C) make an estimate, if feasible, of—
(i) the value of additional goods and services of the United States,
(ii) the value of additional foreign direct investment by United States persons, and
(iii) the value of additional United States electronic commerce,
that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2251
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions and adjustment plans**
(1) A petition requesting action under this part for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry.
(2) A petition under paragraph (1)—
(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and
(B) may—
(i) subject to subsection (d)(1)(C)(i), request provisional relief under subsection (d)(1); or
(ii) request provisional relief under subsection (d)(2).
(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned.
(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (hereafter in this part referred to as the “Trade Representative”), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition.
(5)
(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2254
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim), the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify—
(1) those foreign countries that—
(A) deny adequate and effective protection of intellectual property rights, or
(B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and
(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries.
**(b) Special rules for identifications**
(1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries—
(A) that have the most onerous or egregious acts, policies, or practices that—
(i) deny adequate and effective intellectual property rights, or
(ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection,
(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and
(C) that are not—
(i) entering into good faith negotiations, or
(ii) making significant progress in bilateral or multilateral negotiations,
to provide adequate and effective protection of intellectual property rights.
(2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall—
(A) consult with the Register of
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2252
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are, through trade agreements affording mutual benefits—
(1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
(3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows;
(5) to open up market opportunities for United States commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less developed countries in the United States market.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2112
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any negotiation seeking an agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2153&num=0&edition=prelim). In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under [section 2151(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/a&num=0&edition=prelim), only after he has received advice concerning such article from the Commission under [section 2151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151/b&num=0&edition=prelim), or after the expiration of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2171
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 693
TITLE 19—CUSTOMS DUTIES
§ 2439
1 So in original.
day described in section 2194(b) of this title) be-
ginning on the date the Congress receives the
veto message from the President.
(Pub. L. 93–618, title IV, § 407, Jan. 3, 1975, 88
Stat. 2063; Pub. L. 100–418, title I, § 1214(j)(4),
Aug. 23, 1988, 102 Stat. 1158; Pub. L. 101–382, title
I, § 132(b)(3), (c)(1), Aug. 20, 1990, 104 Stat. 646.)
Editorial Notes
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in subsec. (c)(2), is not set out in the Code.
See Publication of Harmonized Tariff Schedule note set
out under section 1202 of this title.
AMENDMENTS
1990—Subsec. (c)(1). Pub. L. 101–382, § 132(b)(3)(A),
added par. (1) and struck out former par. (1) which read
as follows: ‘‘In the case of a document referred to in
subsection (a) of this section (other than a document to
which paragraph (2) applies), the proclamation set
forth therein may become effective and the agreement
set forth therein may enter into force and effect only
if the House of Representatives and the Senate adopt,
by an affirmative vote of a majority of those present
and voting in each House, a concurrent resolution of
approval (under the procedures set forth in section 2191
of this title) of the extension of nondiscriminatory
treatment to the products of the country concerned.’’
Subsec. (c)(2). Pub. L. 101–382 struck out par. (2) and
redesignated par. (3) as (2), and substituted ‘‘a joint res-
olution described in section 2192(a)(1)(B) of this title is
enacted into law that disapproves’’ for ‘‘either the
House of Representatives or the Senate adopts, by an
affirmative vote of a majority of those present and vot-
ing in that House, a resolution of disapproval (under
the procedures se
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2438
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.