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19 U.S.C. § 2401c — Petitions; group eligibility
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
**(b) Hearings** If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) of this section a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.
**(c) Group eligibility requirements** The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines—
(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and
(2) that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1).
**(d) Special rule for qualified subsequent years** A group of agricultural
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Source location: Title 19, Chapter 12, § 2401c; chapter-012-trade-act-of-1974.md
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**(a) In general** A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
**(b) Hearings** If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) of this section a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.
**(c) Group eligibility requirements** The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines—
(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and
(2) that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1).
**(d) Special rule for qualified subsequent years** A group of agricultural commodity producers certified as eligible under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim) shall be eligible to apply for assistance under this part in any qualified year after the year the group is first certified, if the Secretary determines that—
(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and
(2) the requirements of subsection (c)(2) are met.
**(e) Determination of qualified year and commodity** In this part:
(1) **Qualified year** — The term “qualified year”, with respect to a group of agricultural commodity producers certified as eligible under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), means each consecutive year after the year in which the group is certified and in which the Secretary makes the determination under subsection (c) or (d), as the case may be.
(2) **Classes of goods within a commodity** — In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining group eligibility, the national average price, and level of imports under this section and [section 2401e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401e&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2271
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Agricultural commodity** — The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state.
(2) **Agricultural commodity producer** — The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under [section 1308(e) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/e&num=0&edition=prelim) (before the amendment made by section 1703(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008).
(3) **Contributed importantly**
(A) *In general* — The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B) *Determination of contributed importantly* — The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.
(4) **Duly authorized representative** — The term “duly authorized representative” means an association of agricultural commodity producers.
(5) **National average price** — The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.
(6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Whenever the International Trade Commission (in this part referred to as the “Commission”) begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of—
(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this part, and
(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.
**(b) Report** Not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim), the Secretary shall submit a report to the President setting forth the findings of the study described in subsection (a). Upon making the report to the President, the Secretary shall also promptly make the report public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of the report published in the Federal Register.
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Federal law — U.S. Code and appendices · legal_authorities
Page 654
TITLE 19—CUSTOMS DUTIES
§ 2401c
1 So in original. Probably should be ‘‘an’’.
effective upon the expiration of the 90-day period begin-
ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5,
set out as a note under section 2271 of this title.
Section 1893 of Pub. L. 111–5, formerly set out as a
Termination Date of 2009 Amendment note preceding
section 2271 of this title, which provided that, except as
otherwise provided, amendment by Pub. L. 111–5 not ap-
plicable on or after Feb. 13, 2011, and that this section
be applied and administered beginning Feb. 13, 2011, as
if amendment by Pub. L. 111–5 had never been enacted,
was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21,
2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica-
tion note above.
TERMINATION DATE
Except as otherwise provided, technical assistance
and financial assistance may not be provided under this
part after June 30, 2022, see section 285 of Pub. L. 93–618,
as modified by section 406(a)(7) of Pub. L. 114–27, set out
as notes preceding section 2271 of this title.
§ 2401c. Study by Secretary of Agriculture when
International Trade Commission begins in-
vestigation
(a) In general
Whenever the International Trade Commission
(in this part referred to as the ‘‘Commission’’)
begins an investigation under section 2252 of this
title with respect to an agricultural commodity,
the Commission shall immediately notify the
Secretary of the investigation. Upon receipt of
the notification, the Secretary shall imme-
diately conduct a study of—
(1) the number of agricultural commodity
producers producing a like or directly com-
petitive agricultural commodity who have
been or are likely to be certified as eligible for
adjustment assistance under this part, and
(2) th
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