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19 U.S.C. § 2356 — Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding
Federal law — U.S. Code and appendices · legal_authorities
**(a) Subject matter of study** Whenever 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 firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms 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) 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 its 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.
**(c) Information to firms** Whenever the Commission makes an affirmative finding under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustme
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Stable record: federal_law:legal_authorities:record_usc_7806deeee329239a47b7dddb
Source file: Laws/federal/codes/united-states-code/title-19/section-2356-study-by-secretary-of-commerce-when-international-trade-commission-begin--e3b717a01a.md
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Source location: Title 19, Chapter 12, § 2356; chapter-012-trade-act-of-1974.md
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**(a) Subject matter of study** Whenever 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 firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms 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) 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 its 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.
**(c) Information to firms** Whenever the Commission makes an affirmative finding under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.
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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
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Direct loans and guarantees of loans** The Secretary may provide to a firm, on such terms and conditions as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section.
**(b) Allowable purposes** Loans or guarantees of loans shall be made under this part only for the purpose of making funds available to the firm—
(1) for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or
(2) to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal.
**(c) Limitation on direct loans** No direct loan may be provided to a firm under this part if the firm can obtain loan funds from private sources (with or without a guarantee) at a rate no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to [section 636(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section636/a&num=0&edition=prelim).
**(d) Limitations on loans and guarantees** Notwithstanding any other provision of this part, no direct loans or guarantees of loans may be made under this part after April 7, 1986.
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Federal law — U.S. Code and appendices · legal_authorities
Page 641
TITLE 19—CUSTOMS DUTIES
§ 2356
stantial number of firms or workers have been
certified as eligible to apply for adjustment as-
sistance under section 2273 or 2341 of this title.
(b) Expenditures
Expenditures for technical assistance under
this section may be up to $10,000,000 annually
per industry and shall be made under such terms
and conditions as the Secretary deems appro-
priate.
(Pub. L. 93–618, title II, § 265, as added Pub. L.
97–35, title XXV, § 2527, Aug. 13, 1981, 95 Stat. 893;
amended Pub. L. 98–369, div. B, title VI, § 2673,
July 18, 1984, 98 Stat. 1172; temporarily renum-
bered § 262, Pub. L. 111–5, div. B, title I,
§ 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub.
L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125
Stat. 403, and Pub. L. 114–27, title IV, § 402(b), (c),
June 29, 2015, 129 Stat. 374.)
TERMINATION OF ASSISTANCE
For termination of assistance under this part
after June 30, 2022, see Termination Date note
below.
Editorial Notes
CODIFICATION
Source credit of Pub. L. 93–618 reflects the July 1,
2021, reversion to section number in effect on Jan. 1,
2014. See Effective and Termination Dates of 2015 Re-
vival note below.
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014, revival of the numbering of this section as
in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27,
title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the re-
numbering of this section, as in effect on Dec. 31, 2013,
was temporarily revived, effective June 29, 2015, until
July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Ef-
fective and Termination Dates of 2015 Revival notes
below.
Section 1893 of Pub. L. 111–5, which provided for Feb.
13, 2011, termination of renumbering by Pub. L. 111–5,
was repealed
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2356
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