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19 U.S.C. § 2291 — Study by Secretary of Labor when International Trade Commission begins investigation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part 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 industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.
**(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President 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). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.
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Stable record: federal_law:legal_authorities:record_usc_6ea4e12313f00c6d9707920a
Source file: Laws/federal/codes/united-states-code/title-19/section-2291-study-by-secretary-of-labor-when-international-trade-commission-begins-i--8690b5a3c8.md
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Source location: Title 19, Chapter 12, § 2291; chapter-012-trade-act-of-1974.md
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**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part 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 industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.
**(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President 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). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.
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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
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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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1941, Pub. L. 87–794, title III, § 322, Oct. 11, 1962, 76 Stat. 892, set out qualifying requirements for trade readjustment allowances. See [section 2291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291&num=0&edition=prelim).
Section 1942, Pub. L. 87–794, title III, § 323, Oct. 11, 1962, 76 Stat. 893, set out provisions covering weekly amount for trade readjustment allowances. See [section 2292 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2292&num=0&edition=prelim).
Section 1943, Pub. L. 87–794, title III, § 324, Oct. 11, 1962, 76 Stat. 894, set out time limitations for trade readjustment allowances. See [section 2293 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2293&num=0&edition=prelim).
Section 1944, Pub. L. 87–794, title III, § 325, Oct. 11, 1962, 76 Stat. 894, provided for application of State laws. See [section 2294 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2294&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective on 90th day following Jan. 3, 1975, see note set out under [section 1901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1901&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1951, 1952
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Trade Act of 1974”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) if the Secretary determines that—
(1) a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and
(2)
(A)
(i) the sales or production, or both, of such firm or subdivision have decreased absolutely;
(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and
(iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or
(B)
(i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and
(ii)
(I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States;
(II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act [[19 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3201&num=0&edition=prelim) et seq.], African Growth and Opportunity Ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2274
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification of eligibility** As soon as possible after the date on which a petition is filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim), but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of [section 2272 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2272&num=0&edition=prelim) and shall issue a certification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin.
**(b) Workers covered by certification** A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under [section 2291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291&num=0&edition=prelim) occurred—
(1) more than one year before the date of the petition on which such certification was granted, or
(2) more than 6 months before the effective date of this part.
**(c) Publication of determination in Federal Register** Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination.
**(d) Termination of certification** Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2275
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall provide full information to workers about the benefit allowances, training, and other employment services available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under [section 2311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311/a&num=0&edition=prelim) and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim) and of projections, if available, of the needs for training under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim) as a result of such certification.
**(b)**
(1) The Secretary shall provide written notice through the mail of the benefits available under this part to each worker whom the Secretary has reason to believe is covered by a certification made under this subpart—
(A) at the time such certification is made, if the worker was partially or totally separated from the adversely affected employment before such certification, or
(B) at the time of the total or partial separation of the worker from the advers
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2292
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trade readjustment allowance conditions** Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A who files an application for such allowance for any week of unemployment which begins more than 60 days after the date on which the petition that resulted in such certification was filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim), if the following conditions are met:
(1) Such worker’s total or partial separation before his application under this part occurred—
(A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment,
(B) before the expiration of the 2-year period beginning on the date on which the determination under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim) was made, and
(C) before the termination date (if any) determined pursuant to [section 2273(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273/d&num=0&edition=prelim).
(2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm, or, if data with respect to weeks of employment with a firm are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker—
(A) is on employ
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2293
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula** Subject to subsections (b) and (c), the trade readjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of [section 2291(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/3/B&num=0&edition=prelim)) reduced (but not below zero) by—
(1) any training allowance deductible under subsection (c); and
(2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law.
**(b) Adversely affected workers who are undergoing training** Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law.
**(c) Deduction from total number of weeks of allowance entitlement** If a training allowance under any Federal law other than this chapter is paid to an adversely affected worker for any week of unemployment with respect to which he would be enti
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2294
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