19 U.S.C. § 2272 — Group eligibility requirements

Page 582 TITLE 19—CUSTOMS DUTIES § 2272 mination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act [Oct. 21, 2011], or as in effect on February 13, 2011, whichever is applicable after the elec- tion of the worker under subclause (I). ‘‘(2) PETITIONS FILED BEFORE FEBRUARY 13, 2011.—A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271]— ‘‘(A) on or after May 18, 2009, and on or before February 12, 2011, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act [this part], as in effect on February 12, 2011; or ‘‘(B) before May 18, 2009, shall continue to be eli- gible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on May 17, 2009. ‘‘(3) QUALIFYING SEPARATIONS WITH RESPECT TO PETI- TIONS FILED WITHIN 90 DAYS OF DATE OF ENACTMENT.— Section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], as in effect on the date of the enactment of this Act [Oct. 21, 2011], shall be applied and adminis- tered by substituting ‘before February 13, 2010’ for ‘more than one year before the date of the petition on which such certification was granted’ for purposes of determining whether a worker is eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after the date of the enactment of this Act and on or before the date that is 90 days after such date of enactment. ‘‘(b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— ‘‘(1) CERTIFICATION OF FIRMS NOT CERTIFIED BEFORE DATE OF ENACTMENT.— ‘‘(A) CRITERIA IF A DETERMINATION HAS NOT BEEN MADE.—If, as of the date of the enactment of this Act [Oct. 21, 2011], the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 [19 U.S.C. 2341] pursuant to a petition described in subparagraph (C), the Secretary shall make that de- termination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment. ‘‘(B) RECONSIDERATION OF DENIAL OF CERTAIN PETI- TIONS.—If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall— ‘‘(i) reconsider that determination; and ‘‘(ii) if the firm meets the requirements of sec- tion 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligi- ble to apply for adjustment assistance. ‘‘(C) PETITION DESCRIBED.—A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 [19 U.S.C. 2341] on or after February 13, 2011, and before the date of the enactment of this Act [Oct. 21, 2011]. ‘‘(2) CERTIFICATION OF FIRMS THAT DID NOT SUBMIT PETITIONS BETWEEN FEBRUARY 13, 2011, AND DATE OF EN- ACTMENT.— ‘‘(A) IN GENERAL.—The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 [19 U.S.C. 2341], as in effect on the date of the enactment of this Act [Oct. 21, 2011], if the firm or its representative files a petition for a certification of eligibility under section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment. ‘‘(B) FIRM DESCRIBED.—A firm described in this subparagraph is a firm that the Secretary deter- mines would have been certified as eligible to apply for adjustment assistance if— ‘‘(i) the firm or its representative had filed a pe- tition for a certification of eligibility under sec- tion 251 of the Trade Act of 1974 on a date during the period beginning on February 13, 2011, and ending on the day before the date of the enact- ment of this Act; and ‘‘(ii) the provisions of chapter 3 of title II of the Trade Act of 1974 [part 3 of this subchapter], as in effect on such date of enactment, had been in ef- fect on that date during the period described in clause (i).’’ DETERMINATION OF INCREASES OF IMPORTS FOR CERTAIN FISHERMEN Pub. L. 111–5, div. B, title I, § 1886, Feb. 17, 2009, 123 Stat. 419, provided that: ‘‘For purposes of chapters 2 and 6 [this part and part 6 of this subchapter] of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), in the case of an agricultural commodity producer that— ‘‘(1) is a fisherman or aquaculture producer, and ‘‘(2) is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be, the increase in imports of articles like or directly com- petitive with the agricultural commodity produced by such producer may be based on imports of wild-caught seafood, farm-raised seafood, or both.’’ DECLARATION OF POLICY; SENSE OF CONGRESS Pub. L. 107–210, div. A, title I, § 125, Aug. 6, 2002, 116 Stat. 946, provided that: ‘‘(a) DECLARATION OF POLICY.—Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 [this part], workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accord- ance with section 225 of the Trade Act of 1974 [19 U.S.C. 2275], provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including infor- mation on all other Federal assistance available to such workers.’’ § 2272. Group eligibility requirements (a) In general A group of workers (including workers in any agricultural firm or subdivision of an agricul- tural 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 if the Secretary determines that— (1) a significant number or proportion of the workers in such workers’ firm, or an appro- priate subdivision of the firm, have become to- tally 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 abso- lutely; (ii) imports of articles like or directly com- petitive with articles produced by such firm or subdivision have increased; and (iii) the increase in imports described in clause (ii) contributed importantly to such Page 583 TITLE 19—CUSTOMS DUTIES § 2272 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 competi- tive 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 ben- eficiary country under the Andean Trade Pref- erence Act [19 U.S.C. 3201 et seq.], African Growth and Opportunity Act [19 U.S.C. 3701 et seq.], or the Caribbean Basin Economic Recov- ery Act [19 U.S.C. 2701 et seq.]; or (III) there has been or is likely to be an in- crease in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. (b) Adversely affected secondary workers A group of workers (including workers in any agricultural firm or subdivision of an agricul- tural firm) shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this part pursuant to a petition filed under section 2271 of this title if the Sec- retary determines that— (1) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to be- come totally or partially separated; (2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or pro- duction is related to the article that was the basis for such certification (as defined in sub- section (c)(3) and (4)); and (3) either— (A) the workers’ firm is a supplier and the component parts it supplied to the firm (or subdivision) described in paragraph (2) ac- counted for at least 20 percent of the produc- tion or sales of the workers’ firm; or (B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1). (c) Definitions For purposes of this section— (1) The term ‘‘contributed importantly’’ means a cause which is important but not nec- essarily more important than any other cause. (2)(A) Any firm, or appropriate subdivision of a firm, that engages in exploration or drill- ing for oil or natural gas shall be considered to be a firm producing oil or natural gas. (B) Any firm, or appropriate subdivision of a 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. (3) DOWNSTREAM PRODUCER.—The term ‘‘downstream producer’’ means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico. (4) SUPPLIER.—The term ‘‘supplier’’ means a firm that produces and supplies directly to an- other firm (or subdivision) component parts for articles that were the basis for a certifi- cation of eligibility under subsection (a) of a group of workers employed by such other firm. (Pub. L. 93–618, title II, § 222, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 97–35, title XXV, § 2501, Aug. 13, 1981, 95 Stat. 881; Pub. L. 98–120, § 3(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, § 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. 100–418, title I, § 1421(a)(1)(A), (b)(1), Aug. 23, 1988, 102 Stat. 1242, 1243; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 113, Aug. 6, 2002, 116 Stat. 937; Pub. L. 108–429, title II, § 2004(a)(5), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, §§ 1801(b), (c), (e)(2), 1802, Feb. 17, 2009, 123 Stat. 367, 368, 370, 371; Pub. L. 112–40, title II, §§ 201(b), (c), 211(a), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–128, title V, § 512(hh)(2), July 22, 2014, 128 Stat. 1720; 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 REFERENCES IN TEXT The Andean Trade Preference Act, referred to in sub- sec. (a)(2)(B)(ii)(II), is title II of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1236, which is classified generally to chapter 20 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. The African Growth and Opportunity Act, referred to in subsec. (a)(2)(B)(ii)(II), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, which is classified prin- cipally to chapter 23 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables. The Caribbean Basin Economic Recovery Act, re- ferred to in subsec. (a)(2)(B)(ii)(II), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified prin- cipally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. 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 Page 584 TITLE 19—CUSTOMS DUTIES § 2272 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. Amendment made by Pub. L. 113–128 was effective July 1, 2015, and was executed to this section as it ex- isted on Dec. 31, 2013, pursuant to section 402(b) of Pub. L. 114–27, which revived the provisions of this section, effective June 29, 2015. See 2014 Amendment note 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. 2014—Subsec. (d)(2)(A)(iv). Pub. L. 113–128 substituted ‘‘one-stop operators or one-stop partners (as defined in section 3102 of title 29)’’ for ‘‘one-stop operators or one- stop partners (as defined in section 2801 of title 29)’’. See Codification note above. 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. Subsec. (b). Pub. L. 112–40, §§ 211(a)(1), (2), 233, tempo- rarily redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: ‘‘A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursu- ant to a petition filed under section 2271 of this title if the Secretary determines that— ‘‘(1) a significant number or proportion of the work- ers in the public agency have become totally or par- tially separated, or are threatened to become totally or partially separated; ‘‘(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and ‘‘(3) the acquisition of services described in para- graph (2) contributed importantly to such workers’ separation or threat of separation.’’ See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Subsec. (b)(2). Pub. L. 112–40, §§ 211(a)(3), 233, tempo- rarily substituted ‘‘(c)(3)’’ for ‘‘(d)(3)’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (c). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- rarily redesignated subsec. (d) as (c). Former subsec. (c) temporarily redesignated (b). See Codification note above and Effective and Termination Dates of 2011 Re- vival note below. Subsec. (c)(5). Pub. L. 112–40, §§ 211(a)(4), 233, tempo- rarily struck out par. (5). Prior to amendment, text read as follows: ‘‘For purposes of subsection (a), the term ‘firm’ does not include a public agency.’’ See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (d). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- rarily redesignated subsec. (e) as (d). Former subsec. (d) temporarily redesignated (c). See Codification note above and Effective and Termination Dates of 2011 Re- vival note below. Subsec. (d)(2). Pub. L. 112–40, §§ 211(a)(5), 233, tempo- rarily substituted ‘‘or (b)’’ for ‘‘, (b), or (c)’’ in intro- ductory provisions. See Codification note above and Ef- fective and Termination Dates of 2011 Revival note below. Subsecs. (e), (f). Pub. L. 112–40, §§ 211(a)(2), 233, tempo- rarily redesignated subsec. (f) as (e). Former subsec. (e) temporarily redesignated (d). See Codification note above and Effective and Termination Dates of 2011 Re- vival note below. 2009—Subsec. (a). Pub. L. 111–5, §§ 1801(e)(2)(A), 1893, temporarily struck out ‘‘(including workers in any ag- ricultural firm or subdivision of an agricultural firm)’’ after ‘‘group of workers’’ in introductory provisions. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 111–5, §§ 1801(e)(2)(B)(i), 1893, temporarily struck out ‘‘, or an appropriate subdivi- sion of the firm,’’ after ‘‘workers’ firm’’. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A)(i). Pub. L. 111–5, §§ 1801(e)(2)(B)(ii), 1893, temporarily struck out ‘‘or subdivision’’ after ‘‘such firm’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A)(ii). Pub. L. 111–5, §§ 1801(b)(1)(A), 1893, temporarily amended cl. (ii) generally. Prior to amend- ment, cl. (ii) read as follows: ‘‘imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and’’. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A)(iii). Pub. L. 111–5, §§ 1801(e)(2)(B)(ii), 1893, temporarily struck out ‘‘or subdivision’’ after ‘‘such firm’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(B). Pub. L. 111–5, §§ 1801(b)(1)(B), 1893, temporarily amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘(i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of ar- ticles 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 coun- try under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or ‘‘(III) there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (b). Pub. L. 111–5, §§ 1801(b)(2), (3), 1893, tempo- rarily added subsec. (b) and redesignated former subsec. (b) as (c). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c). Pub. L. 111–5, §§ 1801(e)(2)(A), 1893, tempo- rarily struck out ‘‘(including workers in any agricul- tural firm or subdivision of an agricultural firm)’’ after ‘‘group of workers’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesig- nated subsec. (b) as (c). Former subsec. (c) temporarily redesignated (d). See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (c)(2). Pub. L. 111–5, §§ 1801(e)(2)(C)(i), 1893, temporarily struck out ‘‘(or subdivision)’’ after ‘‘work- ers’ firm’’ and after ‘‘producer to a firm’’, inserted ‘‘or service’’ after ‘‘the article’’, and substituted ‘‘(d)(3)’’ for ‘‘(c)(3)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(3). Pub. L. 111–5, §§ 1801(e)(2)(C)(ii), 1893, temporarily struck out ‘‘(or subdivision)’’ after ‘‘the firm’’ in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Page 585 TITLE 19—CUSTOMS DUTIES § 2272 Subsec. (d). Pub. L. 111–5, §§ 1801(e)(2)(D)(i), 1893, tem- porarily inserted heading. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesig- nated subsec. (c) as (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d)(2). Pub. L. 111–5, §§ 1801(e)(2)(D)(ii), 1893, temporarily struck out ‘‘, or appropriate subdivision of a firm,’’ after ‘‘Any firm’’ in two places. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d)(3). Pub. L. 111–5, §§ 1801(e)(2)(D)(iii), 1893, temporarily amended par. (3) generally. Prior to amendment, text read as follows: ‘‘The term ‘down- stream producer’ means a firm that performs addi- tional, value-added production processes for a firm or subdivision, including a firm that performs final assem- bly or finishing, directly for another firm (or subdivi- sion), for articles that were the basis for a certification of eligibility under subsection (a) of this section of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) of this section is based on an increase in imports from, or a shift in production to, Canada or Mexico.’’ See Codi- fication note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d)(4). Pub. L. 111–5, §§ 1801(e)(2)(D)(iv), 1893, temporarily struck out ‘‘(or subdivision)’’ after ‘‘an- other firm’’ and inserted ‘‘, or services, used in the pro- duction of articles or in the supply of services, as the case may be,’’ after ‘‘for articles’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d)(5). Pub. L. 111–5, §§ 1801(e)(2)(D)(v), 1893, temporarily added par. (5). See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsecs. (e), (f). Pub. L. 111–5, §§ 1801(c), 1802, 1893, temporarily added subsecs. (e) and (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (b). Pub. L. 108–429 made technical amendment to heading and inserted ‘‘pursuant to a pe- tition filed under section 2271 of this title’’ after ‘‘under this part’’ in introductory provisions. 2002—Subsec. (a). Pub. L. 107–210, § 113(a)(1)(A), in- serted heading and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary shall certify a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) as eligible to apply for adjustment assistance under this subpart if he determines— ‘‘(1) that a significant number or proportion of the workers in such workers’ firm or an appropriate sub- division of the firm have become totally or partially separated, or are threatened to become totally or par- tially separated, ‘‘(2) that sales or production, or both, of such firm or subdivision have decreased absolutely, and ‘‘(3) that increases of imports of articles like or di- rectly competitive with articles produced by such workers’ firm or an appropriate subdivision thereof contributed importantly to such total or partial sepa- ration, or threat thereof, and to such decline in sales or production.’’ Subsec. (b). Pub. L. 107–210, § 113(a)(1)(C), added sub- sec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–210, § 113(b)(1), substituted ‘‘this section’’ for ‘‘subsection (a)(3) of this section’’ in introductory provisions. Pub. L. 107–210, § 113(a)(1)(B), redesignated subsec. (b) as (c). Subsec. (c)(3), (4). Pub. L. 107–210, § 113(b)(2), added pars. (3) and (4). 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- ance under this subpart’’ for ‘‘assistance under this part’’. 1988—Pub. L. 100–418, § 1421(a)(1)(A), struck out last sentence which defined ‘‘contributed importantly’’ for purposes of par. (3), designated remaining provisions as subsec. (a), and added subsec. (b). Subsec. (a)(3). Pub. L. 100–418, § 1421(b)(1), directed the general amendment of par. (3) adding provisions relat- ing to provision of essential goods or services by such workers’ firm, or appropriate subdivision thereof, which amendment did not become effective pursuant to section 1430(d) of Pub. L. 100–418, as amended, set out as an Effective Date note under section 2397 of this title. 1986—Pub. L. 99–272 inserted ‘‘(including workers in any agricultural firm or subdivision of an agricultural firm)’’ after ‘‘group of workers’’. 1983—Pub. L. 98–120, § 3(a)(2), substituted ‘‘For pur- poses of paragraph (3), the term ‘contributed impor- tantly’ means a cause which is important, but not nec- essarily more important than any other cause’’ for ‘‘For purposes of paragraph (3), the term ‘substantial cause’ means a cause which is important and not less than any other cause’’ in provision following par. (3). Par. (3). Pub. L. 98–120, § 3(a)(1), substituted ‘‘contrib- uted importantly to such total or partial separation, or threat thereof, and to such decline’’ for ‘‘were a sub- stantial cause of such total or partial separation, or threat thereof, and of such decline’’. 1981—Pub. L. 97–35 substituted provisions defining ‘‘substantial cause’’ and applicability of such term in par. (3) for provisions defining ‘‘contributed impor- tantly’’ and applicability of such term in par. (3). 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 DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. 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. Page 586 TITLE 19—CUSTOMS DUTIES § 2273 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. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–120, § 3(b), Oct. 12, 1983, 97 Stat. 809, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to pe- titions for certification filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after October 1, 1983.’’ EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 applicable to petitions filed on or after Oct. 1, 1983, 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. WORKERS COVERED BY CERTIFICATION NOTWITHSTANDING OTHER LAW Pub. L. 100–418, title I, § 1421(a)(1)(B), Aug. 23, 1988, 102 Stat. 1243, provided that: ‘‘Notwithstanding section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], or any other provision of law, any certification made under subchapter A of chapter 2 of title II of such Act [this subpart] which— ‘‘(i) is made with respect to a petition filed before the date that is 90 days after the date of enactment of this Act [Aug. 23, 1988], and ‘‘(ii) would not have been made if the amendments made by subparagraph (A) [amending this section] had not been enacted into law, shall apply to any worker whose most recent total or partial separation from the firm, or appropriate sub- division of the firm, described in section 222(a) of such Act [19 U.S.C. 2272(a)] occurs after September 30, 1985.’’ § 2273. Determinations by Secretary of Labor (a) Certification of eligibility As soon as possible after the date on which a petition is filed under section 2271 of this title, but in any event not later than 40 days after that date, the Secretary shall determine wheth- er the petitioning group meets the requirements of section 2272 of this title and shall issue a cer- tification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each cer- tification shall specify the date on which the total or partial separation began or threatened to begin. (b) Workers covered by certification A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivi- sion of the firm before his application under sec- tion 2291 of this title occurred— (1) more than one year before the date of the petition on which such certification was granted, or (2) more than 6 months before the effective date of this part. (c) Publication of determination in Federal Reg- ister Upon reaching his determination on a peti- tion, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination. (d) Termination of certification Whenever the Secretary determines, with re- spect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall terminate such certification and promptly have notice of such termination pub- lished in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. (Pub. L. 93–618, title II, § 223, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 112(b), Aug. 6, 2002, 116 Stat. 937; Pub. L. 111–5, div. B, title I, §§ 1803, 1858(a), Feb. 17, 2009, 123 Stat. 372, 395; 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 REFERENCES IN TEXT For the effective date of this part, referred to in sub- sec. (b)(2), see Effective and Termination Date note set out preceding section 2271 of this title. 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-