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19 U.S.C. § 2343 — Petitions and determinations
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
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Source file: Laws/federal/codes/united-states-code/title-19/section-2343-petitions-and-determinations--e91cd2a9c3.md
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Source location: Title 19, Chapter 12, § 2343; chapter-012-trade-act-of-1974.md
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**(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 contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.
(2) For purposes of paragraph (1)(C)—
(A) The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B)
(i) Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(ii) Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.
**(d) Allowable period for determination** A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition for review; time and place of filing** A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim), a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim), an agricultural commodity producer (as defined in [section 2401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401/2&num=0&edition=prelim)) aggrieved by a determination of the Secretary of Agriculture under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 11 See References in Text note below. of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.
**(b) Findings of fact by Secretary; conclusiveness; new
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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
### Statutory Notes
Section 1911, Pub. L. 87–794, title III, § 311, Oct. 11, 1962, 76 Stat. 886, provided for certification of proposals for adjustment assistance to firms. See section 2341 et seq. of this title.
Section 1912, Pub. L. 87–794, title III, § 312, Oct. 11, 1962, 76 Stat. 886, provided for use of existing agencies in carrying out certified adjustment proposals. See section 2341 et seq. of this title.
Section 1913, Pub. L. 87–794, title III, § 313, Oct. 11, 1962, 76 Stat. 887, provided for giving of technical assistance to firms. See [section 2343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2343&num=0&edition=prelim).
Section 1914, Pub. L. 87–794, title III, § 314, Oct. 11, 1962, 76 Stat. 887, provided for giving of financial assistance to firms.
Section 1915, Pub. L. 87–794, title III, § 315, Oct. 11, 1962, 76 Stat. 887, set out conditions for giving of financial assistance.
#### 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).
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2345a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unavailability of firm’s resources; reasonable assurance of repayment** No financial assistance shall be provided under this part unless the Secretary determines—
(1) that the funds required are not available from the firm’s own resources; and
(2) that there is reasonable assurance of repayment of the loan.
**(b) Interest rates**
(1) The rate of interest on direct loans made under this part shall be—
(A) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods of maturity that are comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 percent, plus
(B) an amount adequate in the judgment of the Secretary of Commerce to cover administrative costs and probable losses under the program.
(2) The Secretary may not guarantee any loan under this part if—
(A) the rate of interest on either the portion to be guaranteed, or the portion not to be guaranteed, is determined by the Secretary to be excessive when compared with other loans bearing Federal guarantees and subject to similar terms and conditions, and
(B) the interest on the loan is exempt from Federal income taxation under [section 103 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section103&num=0&edition=prelim).
**(c) Maturity of loans** The Secretary shall make no loan or guarantee of a loan under [section 2344(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344/b/1&num=0&edition=prelim) having a maturity in excess of 25 years or the useful life of the fixed assets (whichever period is shorter), including renewals and extensions; and shall mak
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2346
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation of functions as to eligibility certification** In the case of any firm which is small (within the meaning of the Small Business Act [[15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.] and regulations promulgated thereunder), the Secretary may delegate all of his functions under this part (other than the functions under sections 2341 and 2342(d) 11 See References in Text note below. of this title with respect to the certification of eligibility and [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2354&num=0&edition=prelim)) to the Administrator of the Small Business Administration.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary $16,000,000 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,22 See Application of Subsection (b) note below. to carry out the Secretary’s functions under this part in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.
**(c) Transfer of unexpended appropriations** The unexpended balances of appropriations authorized by section 1912(d) 1 of this title are transferred to the Secretary to carry out his functions under this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2348
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Powers of Secretary** In making and administering guarantees and loans under [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim), the Secretary may—
(1) require security for any such guarantee or loan, and enforce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim).
**(b) Recordation of mortgages** Any mortgage acquired as security under subsection (a) shall be recorded un
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2352
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–618, title II, § 263, Jan. 3, 1975, 88 Stat. 2034, contained transitional provisions for certain events occurring prior to the effective date of this part.
#### Effective Date of Repeal
Repeal effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under [section 2343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2343&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2355
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical assistance** The Secretary may provide technical assistance, on such terms and conditions as the Secretary deems appropriate, for the establishment of industrywide programs for new product development, new process development, export development, or other uses consistent with the purposes of this part. Such technical assistance may be provided through existing agencies, private individuals, firms, universities and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a substantial number of firms or workers have been certified as eligible to apply for adjustment assistance 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 appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2371
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