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19 U.S.C. § 2255 — Trade monitoring

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

19 U.S.C. § 2255 — Trade monitoring

Page 574 TITLE 19—CUSTOMS DUTIES § 2255 1988—Subsecs. (c) to (e). Pub. L. 100–647 redesignated subsecs. (d) and (e) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 129(a)(7) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as an Effective Date note under section 3531 of this title. Amendment by section 302(c), (d) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States [Jan. 1, 1995], see section 304(a) of Pub. L. 103–465, set out as a note under section 2252 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. EFFECTIVE DATE Section effective Aug. 23, 1988, and applicable with re- spect to investigations initiated under this part on or after that date, see section 1401(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2251 of this title. § 2255. Trade monitoring (a) Monitoring tool for imports (1) In general Not later than 180 days after February 24, 2016, the Commission shall make available on a website of the Commission an import moni- toring tool to allow the public access to data on the volume and value of goods imported to the United States for the purpose of assessing whether such data has changed with respect to such goods over a period of time. (2) Data described For purposes of the monitorin

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Page 574 TITLE 19—CUSTOMS DUTIES § 2255 1988—Subsecs. (c) to (e). Pub. L. 100–647 redesignated subsecs. (d) and (e) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 129(a)(7) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as an Effective Date note under section 3531 of this title. Amendment by section 302(c), (d) of Pub. L. 103–465 ef- fective on the date on which the WTO Agreement en- ters into force with respect to the United States [Jan. 1, 1995], see section 304(a) of Pub. L. 103–465, set out as a note under section 2252 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. EFFECTIVE DATE Section effective Aug. 23, 1988, and applicable with re- spect to investigations initiated under this part on or after that date, see section 1401(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2251 of this title. § 2255. Trade monitoring (a) Monitoring tool for imports (1) In general Not later than 180 days after February 24, 2016, the Commission shall make available on a website of the Commission an import moni- toring tool to allow the public access to data on the volume and value of goods imported to the United States for the purpose of assessing whether such data has changed with respect to such goods over a period of time. (2) Data described For purposes of the monitoring tool under paragraph (1), the Commission shall use data compiled by the Department of Commerce and such other government data as the Commis- sion considers appropriate. (3) Periods of time The Commission shall ensure that data accessed through the monitoring tool under paragraph (1) includes data for the most re- cent quarter for which such data are available and previous quarters as the Commission con- siders practicable. (b) Monitoring reports (1) In general Not later than 270 days after February 24, 2016, and not less frequently than quarterly thereafter, the Secretary of Commerce shall publish on a website of the Department of Commerce, and notify the Committee on Fi- nance of the Senate and the Committee on Ways and Means of the House of Representa- tives of the availability of, a monitoring re- port on changes in the volume and value of trade with respect to imports and exports of goods categorized based on the 6-digit sub- heading number of the goods under the Har- monized Tariff Schedule of the United States during the most recent quarter for which such data are available and previous quarters as the Secretary considers practicable. (2) Requests for comment Not later than one year after February 24, 2016, the Secretary of Commerce shall solicit through the Federal Register public comment on the monitoring reports described in para- graph (1). (c) Sunset The requirements under this section termi- nate on the date that is seven years after Feb- ruary 24, 2016. (Pub. L. 93–618, title II, § 205, as added Pub. L. 114–125, title VI, § 603(a), Feb. 24, 2016, 130 Stat. 185.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. PART 2—ADJUSTMENT ASSISTANCE FOR WORKERS Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374, provided that: ‘‘(b) APPLICABILITY OF CERTAIN PROVISIONS.—Except as otherwise provided in this title [see Tables for clas- sification], the provisions of chapters 2 through 6 of title II of the Trade Act of 1974 [this part, parts 3 to 6 of this subchapter, and provisions set out as a note below], as in effect on December 31, 2013, and as amend- ed by this title, shall— ‘‘(1) take effect on the date of the enactment of this Act [June 29, 2015]; and ‘‘(2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 [this part and parts 3 and 6 of this subchapter] on or after such date of enactment. ‘‘(c) REFERENCES.—Except as otherwise provided in this title, whenever in this title an amendment or re- peal is expressed in terms of an amendment to, or re- peal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be considered to be made to a provision of any such chapter, as in ef- fect on December 31, 2013.’’ Pub. L. 114–27, title IV, § 406, June 29, 2015, 129 Stat. 379, provided that: ‘‘(a) APPLICATION OF PRIOR LAW.—Subject to sub- section (b), beginning on July 1, 2021, the provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) [this part, parts 3, 5, and 6 of this subchapter, and provisions set out as a note below], as in effect on January 1, 2014, shall be in effect and apply, except that in applying and administering such chap- ters— ‘‘(1) paragraph (1) of section 231(c) of that Act [19 U.S.C. 2291(c)(1)] shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect; ‘‘(2) section 233 of that Act [19 U.S.C. 2293] shall be applied and administered— ‘‘(A) in subsection (a)— ‘‘(i) in paragraph (2), by substituting ‘104-week period’ for ‘104-week period’ and all that follows through ‘130-week period)’; and ‘‘(ii) in paragraph (3)— ‘‘(I) in the matter preceding subparagraph (A), by substituting ‘65’ for ‘52’; and

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

19 U.S.C. § 2255 — Action by President after determination of import injury

**(a) In general** (1) (A) After receiving a 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) containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the President shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. (B) The action taken by the President under subparagraph (A) shall be to such extent, and for such duration, subject to subsection (e)(1), that the President determines to be appropriate and feasible under such subparagraph. (C) The interagency trade organization established under [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) shall, with respect to each affirmative determination reported under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim), make a recommendation to the President as to what action the President should take under subparagraph (A). (2) In determining what action to take under paragraph (1), the President shall take into account— (A) the recommendation and report of the Commission; (B) the extent to which workers and firms in the domestic industry are— (i) benefitting from adjustment assistance and other manpower programs, and (ii) engaged in worker retraining efforts; (C) the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustm

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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. § 2271 — Petitions

Page 578 TITLE 19—CUSTOMS DUTIES § 2271 1 See References in Text note below. [‘‘(2) FARMERS.— [‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), assistance may not be provided under chapter 6 [part 6 of this subchapter] after February 12, 2012. [‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before February 12, 2012, may be provided— [‘‘(i) to the extent funds are available pursuant to such chapter for such purpose; and [‘‘(ii) to the extent the recipient of the assist- ance is otherwise eligible to receive such assist- ance.’’] [Amendment by section 1892(b) of Pub. L. 111–5 to sec- tion 285 of Pub. L. 93–618, set out above, shall take ef- fect upon the expiration of the 90-day period beginning on Feb. 17, 2009, except as otherwise provided, see sec- tion 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under sec- tion 2271 of this title.] [Amendment by Pub. L. 110–89 to section 285 of Pub. L. 93–618, set out above, effective Oct. 1, 2007, see sec- tion 1(e) of Pub. L. 110–89, set out as an Effective Date of 2007 Amendment note under section 2317 of this title.] [Amendment by Pub. L. 106–113 to section 285 of Pub. L. 93–618, set out above, effective as of July 1, 1999, see section 1000(a)(5) [title VII, § 702(e)] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 2317 of this title.] [Amendment by Pub. L. 103–182 to section 285 of Pub. L. 93–618, set out above, 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 an Effec- tive Date of 1993 Amendment note under section 2271 of

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

19 U.S.C. § 2291 — Study by Secretary of Labor when International Trade Commission begins investigation

**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part 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 industry, the Commission shall immediately notify the Secretary 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 competitive article who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making his 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.

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

19 U.S.C. § 2291 — Qualifying requirements for workers

Page 590 TITLE 19—CUSTOMS DUTIES § 2291 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective on date that is 30 days after Aug. 23, 1988, see section 1430(e) of Pub. L. 100–418, set out as an Effective Date note under sec- tion 2397 of this title. EFFECTIVE DATE AND TRANSITION PROVISIONS Section effective Aug. 13, 1981, with transition provi- sions applicable, see section 2514 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment 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. SUBPART B—PROGRAM BENEFITS Division I—Trade Readjustment Allowances § 2291. Qualifying requirements for workers (a) Trade readjustment allowance conditions Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A who files an application for such allowance for any week of unemployment which begins more than 60 days after the date on which the petition that resulted in such certification was filed under section 2271 of this title, if the following condi- tions are met: (1) Such worker’s total or partial separation before his application under this part oc- curred— (A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threa

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

19 U.S.C. § 2293 — Qualifying requirements for workers

**(a) Trade readjustment allowance conditions** Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A who files an application for such allowance for any week of unemployment which begins more than 60 days after the date on which the petition that resulted in such certification was 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 following conditions are met: (1) Such worker’s total or partial separation before his application under this part occurred— (A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, (B) before the expiration of the 2-year period beginning on the date on which the determination under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim) was made, and (C) before the termination date (if any) determined pursuant to [section 2273(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273/d&num=0&edition=prelim). (2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm, or, if data with respect to weeks of employment with a firm are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker— (A) is on employ

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

19 U.S.C. § 2293 — Limitations on trade readjustment allow-

Page 596 TITLE 19—CUSTOMS DUTIES § 2293 1 See Application of Certain Provisions note below. Subsec. (d). Pub. L. 111–5, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (b). Pub. L. 100–418, § 1423(b)(1), struck out ‘‘, including on-the-job training,’’ after ‘‘approved by the Secretary’’. Subsec. (c). Pub. L. 100–418, § 1423(b)(2), substituted ‘‘under section 2291(b)’’ for ‘‘under section 2291(c) or 2296(c)’’. 1986—Subsec. (c). Pub. L. 99–272 substituted ‘‘under any Federal law other than this chapter’’ for ‘‘under any Federal law,’’, ‘‘section 2291(c) or 2296(c) of this title’’ for ‘‘section 2296(c) of this title’’, and ‘‘If such training allowance’’ for ‘‘If the training allowance’’. 1981—Subsec. (a). Pub. L. 97–35, § 2504(a)(1), sub- stituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percent- ages of wages and reduced by paid remuneration. Subsecs. (c), (d). Pub. L. 97–35, § 2504(a)(2)–(4), redesig- nated subsec. (d) as (c) and struck out references to un- employment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former sub- sec. (c), which related to the computation of unemploy- ment insurance, was struck out. Subsec. (e). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (e) which related to maximum total for all remu- neration and allowances. Subsec. (f). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (f) which authorized rounding off to whole dollar amounts. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVI

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