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19 U.S.C. § 2401e — Study by Secretary of Agriculture when International Trade Commission begins investigation

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2401e — Study by Secretary of Agriculture when International Trade Commission begins investigation

**(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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Source location: Title 19, Chapter 12, § 2401e; chapter-012-trade-act-of-1974.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(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

19 U.S.C. § 2252 — Identification of countries that deny adequate protection, or market access, for intellectual property rights

**(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

19 U.S.C. § 2401c — Petitions; group eligibility

**(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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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2401e — Qualifying requirements for agricultural

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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