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19 U.S.C. § 2352 — Civil actions
Federal law — U.S. Code and appendices · legal_authorities
In providing technical and financial assistance under this part the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 2343 and 2344 of this title from the application of sections 516, 547, and 2679 of title 28.
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Source file: Laws/federal/codes/united-states-code/title-19/section-2352-civil-actions--8d58ce3215.md
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Source location: Title 19, Chapter 12, § 2352; chapter-012-trade-act-of-1974.md
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In providing technical and financial assistance under this part the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 2343 and 2344 of this title from the application of sections 516, 547, and 2679 of title 28.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for adjustment assistance** A firm certified under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim) as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this part. Such application shall include a proposal for the economic adjustment of such firm.
**(b) Technical assistance**
(1) Adjustment assistance under this part consists of technical assistance. The Secretary shall approve a firm’s application for adjustment assistance only if the Secretary determines that the firm’s adjustment proposal—
(A) is reasonably calculated to materially contribute to the economic adjustment of the firm,
(B) gives adequate consideration to the interests of the workers of such firm, and
(C) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.
(2) The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date.
**(c) Termination of certification of eligibility** Whenever the Secretary determines that any firm no longer requires assistance under this part, he shall terminate the certification of eligibility of such firm and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2344
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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) Filing of petition; receipt of petition; initiation of investigation** A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.
**(b) Public hearing** If the petitioner, or any other person, organization, or group 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) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
**(c) Certification**
(1) The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if the Secretary determines—
(A) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,
(B) that—
(i) sales or production, or both, of such firm have decreased absolutely, or
(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and
(C) increases of imports of articles like or directly competitive with articles which are produced by such firm contrib
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2343
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Federal law — U.S. Code and appendices · legal_authorities
Page 639
TITLE 19—CUSTOMS DUTIES
§ 2353
2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re-
vived the provisions of this section, as in effect on Feb.
12, 2011. See Codification note above and 2009 Amend-
ment and Effective and Termination Dates of 2011 Re-
vival notes below.
2009—Pub. L. 111–5, §§ 1861(b), 1893, temporarily sub-
stituted ‘‘part:’’ for ‘‘part,’’, inserted par. (1) designa-
tion and heading, substituted ‘‘The term ‘firm’ ’’ for
‘‘the term ‘firm’ ’’, and added par. (2). See Codification
note above and Effective and Termination Dates of 2009
Amendment note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL
For revival and applicability, beginning on June 29,
2015, of the provisions of this section as in effect on
Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set
out as a note preceding section 2271 of this title.
For reversion, beginning on July 1, 2021, to the provi-
sions of this section as in effect on Jan. 1, 2014, with
certain exceptions and subject to section 406(b) of Pub.
L. 114–27, see section 406 of Pub. L. 114–27, set out as a
note preceding section 2271 of this title.
EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL
For revival and applicability, beginning on Oct. 21,
2011, of the provisions of this section as in effect on
Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set
out as a note preceding section 2271 of this title.
Section 233 of Pub. L. 112–40, formerly set out as a
note preceding section 2271 of this title, which provided
for the reversion, beginning on Jan. 1, 2014, of the provi-
sions of this section to those in effect on Feb. 13, 2011,
subject to certain exceptions, was repealed by Pub. L.
114–27, title IV, § 402(a), June 29, 2015, 129
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2352
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