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19 U.S.C. § 2274 — Study by Secretary of Labor when Inter-
Federal law — U.S. Code and appendices · legal_authorities
Page 587
TITLE 19—CUSTOMS DUTIES
§ 2274
nation Dates of 2009 Amendment notes, and Effective
and Termination Dates of 2011 Revival notes below.
AMENDMENTS
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re-
vived the provisions of this section, as in effect on Dec.
31, 2013. See Codification note above and 2011 Amend-
ment and Effective and Termination Dates of 2015 Re-
vival notes below.
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—Subsec. (b). Pub. L. 111–5, §§ 1803(1), 1893, tempo-
rarily substituted ‘‘before the worker’s application
under section 2291 of this title occurred more than one
year before the date of the petition on which such cer-
tification was granted.’’ for ‘‘or appropriate subdivision
of the firm before his application under section 2291 of
this title occurred—
‘‘(1) more than one year before the date of the peti-
tion on which such certification was granted, or
‘‘(2) more than 6 months before the effective date of
this part.’’
See Codification note above and Effective and Termi-
nation Dates of 2009 Amendment note below.
Subsec. (c). Pub. L. 111–5, §§ 1803(2), 1858(a), 1893, tem-
porarily substituted ‘‘a determination’’ for ‘‘his deter-
mination’’ and ‘‘and on the website of the Department
of Labor, together with the Secretary’s reasons’’ for
‘‘together with his reasons’’. See Codification note
above and Effective and Termination Dates of 2009
Amendment note below.
Subsec. (d). Pub. L. 111–5, §§ 1803(3), 1893, temporarily
substituted ‘‘, that total or partial separations from
such firm are no longer attributable to the condi
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Page 587
TITLE 19—CUSTOMS DUTIES
§ 2274
nation Dates of 2009 Amendment notes, and Effective
and Termination Dates of 2011 Revival notes below.
AMENDMENTS
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re-
vived the provisions of this section, as in effect on Dec.
31, 2013. See Codification note above and 2011 Amend-
ment and Effective and Termination Dates of 2015 Re-
vival notes below.
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—Subsec. (b). Pub. L. 111–5, §§ 1803(1), 1893, tempo-
rarily substituted ‘‘before the worker’s application
under section 2291 of this title occurred more than one
year before the date of the petition on which such cer-
tification was granted.’’ for ‘‘or appropriate subdivision
of the firm before his application under section 2291 of
this title occurred—
‘‘(1) more than one year before the date of the peti-
tion on which such certification was granted, or
‘‘(2) more than 6 months before the effective date of
this part.’’
See Codification note above and Effective and Termi-
nation Dates of 2009 Amendment note below.
Subsec. (c). Pub. L. 111–5, §§ 1803(2), 1858(a), 1893, tem-
porarily substituted ‘‘a determination’’ for ‘‘his deter-
mination’’ and ‘‘and on the website of the Department
of Labor, together with the Secretary’s reasons’’ for
‘‘together with his reasons’’. See Codification note
above and Effective and Termination Dates of 2009
Amendment note below.
Subsec. (d). Pub. L. 111–5, §§ 1803(3), 1893, temporarily
substituted ‘‘, that total or partial separations from
such firm are no longer attributable to the conditions
specified in section 2272 of this title, the Secretary
shall’’ for ‘‘or subdivision of the firm, that total or par-
tial separations from such firm or subdivision are no
longer attributable to the conditions specified in sec-
tion 2272 of this title, he shall’’ and ‘‘and on the website
of the Department of Labor, together with the Sec-
retary’s reasons’’ for ‘‘together with his reasons’’. See
Codification note above and Effective and Termination
Dates of 2009 Amendment note below.
Subsec. (e). Pub. L. 111–5, §§ 1803(4), 1893, temporarily
added subsec. (e). See Codification note above and Ef-
fective and Termination Dates of 2009 Amendment note
below.
2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘40
days’’ for ‘‘60 days’’.
1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist-
ance under this subpart’’ for ‘‘assistance under this
part’’.
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 Stat. 374, effec-
tive June 29, 2015. See Codification note above.
EFFECTIVE AND TERMINATION DATES OF 2009
AMENDMENT
Except as otherwise provided and subject to certain
applicability provisions, amendment by Pub. L. 111–5
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.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–210 applicable to petitions
for certification filed under this part or part 3 of this
subchapter on or after the date that is 90 days after
Aug. 6, 2002, except as otherwise provided, see section
151 of Pub. L. 107–210, set out as a note preceding sec-
tion 2271 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–182 effective on the date
the North American Free Trade Agreement enters into
force with respect to the United States (Jan. 1, 1994),
see section 506(a) of Pub. L. 103–182, formerly set out as
a note under section 2271 of this title.
TERMINATION DATE
No trade adjustment assistance, vouchers, allow-
ances, or other payments or benefits may be provided
under this section after June 30, 2022, except as other-
wise provided, see section 285 of Pub. L. 93–618, as modi-
fied by section 406(a)(7) of Pub. L. 114–27, set out as
notes preceding section 2271 of this title.
§ 2274. Study by Secretary of Labor when Inter-
national Trade Commission begins investiga-
tion
(a) Subject matter of study
Whenever the International Trade Commission
(hereafter referred to in this part as the ‘‘Com-
mission’’) begins an investigation under section
2252 of this title with respect to an industry, the
Commission shall immediately notify the Sec-
retary 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 com-
petitive article who have been or are likely to
be certified as eligible for adjustment assist-
ance, and
(2) the extent to which the adjustment of
such workers to the import competition may
be facilitated through the use of existing pro-
grams.
(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. Upon making
his report to the President, the Secretary shall
also promptly make it public (with the excep-
tion of information which the Secretary deter-
mines to be confidential) and shall have a sum-
mary of it published in the Federal Register.
Page 588
TITLE 19—CUSTOMS DUTIES
§ 2275
(Pub. L. 93–618, title II, § 224, Jan. 3, 1975, 88 Stat.
2020; Pub. L. 97–35, title XXV, § 2513(a), Aug. 13,
1981, 95 Stat. 889; Pub. L. 100–418, title I,
§ 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; Pub.
L. 111–5, div. B, title I, § 1811(a), Feb. 17, 2009, 123
Stat. 373; Pub. L. 112–40, title II, § 201(b), (c), Oct.
21, 2011, 125 Stat. 403; 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
Section reflects the July 1, 2021, reversion to provi-
sions in effect on Jan. 1, 2014. See Effective and Termi-
nation Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014, revival 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 provisions of this
section, as in effect on Dec. 31, 2013, were temporarily
revived, effective June 29, 2015, until July 1, 2021, by
Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015
Amendment notes, Effective and Termination Dates of
2011 Revival notes, and Effective and Termination
Dates of 2015 Revival notes below.
Section 1893 of Pub. L. 111–5, which provided for Feb.
13, 2011, termination of amendment by Pub. L. 111–5,
was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21,
2011, 125 Stat. 403, and the provisions of this section, as
amended by Pub. L. 111–5 and as in effect on Feb. 12,
2011, were temporarily revived, effective Oct. 21, 2011,
until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See
2009 and 2011 Amendment notes, Effective and Termi-
nation Dates of 2009 Amendment notes, and Effective
and Termination Dates of 2011 Revival notes below.
AMENDMENTS
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re-
vived the provisions of this section, as in effect on Dec.
31, 2013. See Codification note above and 2011 Amend-
ment and Effective and Termination Dates of 2015 Re-
vival notes below.
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, §§ 1811(a)(1), 1893, temporarily sub-
stituted ‘‘Study and notifications regarding certain af-
firmative determinations; industry notification of as-
sistance’’ for ‘‘Study by Secretary of Labor when Inter-
national Trade Commission begins investigation’’ in
section catchline. See Codification note above and Ef-
fective and Termination Dates of 2009 Amendment note
below.
Subsec. (a). Pub. L. 111–5, §§ 1811(a)(2), 1893, tempo-
rarily inserted heading. See Codification note above
and Effective and Termination Dates of 2009 Amend-
ment note below.
Subsec. (b). Pub. L. 111–5, §§ 1811(a)(3), 1893, tempo-
rarily inserted heading and ‘‘and on the website of the
Department of Labor’’ after ‘‘Federal Register’’ in text.
See Codification note above and Effective and Termi-
nation Dates of 2009 Amendment note below.
Subsecs. (c) to (g). Pub. L. 111–5, §§ 1811(a)(4), 1893,
temporarily added subsecs. (c) to (g). See Codification
note above and Effective and Termination Dates of 2009
Amendment note below.
1988—Subsec. (a). Pub. L. 100–418 substituted ‘‘section
2252’’ for ‘‘section 2251’’.
Subsec. (b). Pub. L. 100–418 substituted ‘‘section
2252(f)’’ for ‘‘section 2251’’.
1981—Subsec. (c). Pub. L. 97–35 struck out subsec. (c)
which related to availability of information to work-
ers.
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 Stat. 374, effec-
tive June 29, 2015. See Codification note above.
EFFECTIVE AND TERMINATION DATES OF 2009
AMENDMENT
Except as otherwise provided and subject to certain
applicability provisions, amendment by Pub. L. 111–5
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.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Aug. 23, 1988,
and applicable with respect to investigations initiated
under part 1 (§ 2251 et seq.) of this subchapter on or
after that date, see section 1401(c) of Pub. L. 100–418, set
out as a note under section 2251 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION
PROVISIONS
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
with transition provisions applicable, see section 2514
of Pub. L. 97–35, set out as a note under section 2291 of
this title.
TERMINATION DATE
No trade adjustment assistance, vouchers, allow-
ances, or other payments or benefits may be provided
under this part after June 30, 2022, except as otherwise
provided, 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.
§ 2275. Benefit information to workers
(a) The Secretary shall provide full informa-
tion to workers about the benefit allowances,
training, and other employment services avail-
able under this part and about the petition and
application procedures, and the appropriate fil-
ing 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
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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
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