19 U.S.C. § 4573 — Commission recommendations and report

Page 1151 TITLE 19—CUSTOMS DUTIES § 4574 graph (A) as confidential business informa- tion in accordance with regulations adopted by the Commission to carry out this part. (f) Limited disclosure of confidential business in- formation under protective order The Commission shall promulgate regulations to provide access to confidential business infor- mation under protective order to authorized rep- resentatives of interested parties who are par- ties to an investigation under subsection (a). (g) Deadline for determination (1) In general Not later than 120 days after the date on which an investigation is initiated under sub- section (a) with respect to a petition, request, or resolution, the Commission shall make a determination with respect to the petition, re- quest, or resolution. (2) Exception If, before the 100th day after an investiga- tion is initiated under subsection (a), the Com- mission determines that the investigation is extraordinarily complicated, the Commission shall make its determination with respect to the investigation not later than 150 days after the date referred to in paragraph (1). (h) Applicable provisions For purposes of this part, the provisions of paragraphs (1), (2), and (3) of section 1330(d) of this title shall be applied with respect to deter- minations and findings made under this section as if such determinations and findings were made under section 2252 of this title. (Pub. L. 116–113, title III, § 322, Jan. 29, 2020, 134 Stat. 55.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsecs. (a), (e)(2)(B), and (h), was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 321–327) of title III of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 54, which is classified principally to this sub- chapter. For complete classification of subtitle C to the Code, see Tables. § 4573. Commission recommendations and report (a) In general If the Commission makes an affirmative deter- mination under section 4572 of this title, the Commission shall recommend the action that is necessary to address the material harm or threat of material harm found. (b) Limitation Only those members of the Commission who agreed to the affirmative determination under section 4572 of this title are eligible to vote on the recommendation required to be made under subsection (a). (c) Report Not later than the date that is 60 days after the date on which the determination is made under section 4572 of this title, the Commission shall submit to the President a report that in- cludes— (1) the determination and an explanation of the basis for the determination; (2) if the determination is affirmative, rec- ommendations for action and an explanation of the basis for the recommendation; and (3) any dissenting or separate views by mem- bers of the Commission regarding the deter- mination. (d) Public notice Upon submitting a report to the President under subsection (c), the Commission shall— (1) promptly make public the report (with the exception of information which the Com- mission determines to be confidential business information); and (2) publish a summary of the report in the Federal Register. (Pub. L. 116–113, title III, § 323, Jan. 29, 2020, 134 Stat. 57.) § 4574. Action by President with respect to af- firmative determination (a) In general Not later than the date that is 30 days after the date on which the President receives a re- port of the Commission in which the Commis- sion’s determination under section 4572 of this title is affirmative or which contains a deter- mination that the President may treat as af- firmative in accordance with section 1330(d)(1) of this title— (1) the President shall, subject to subsection (b), issue an order to the Secretary of Trans- portation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out; and (2) the Secretary of Transportation shall carry out such relief. (b) Exception The President is not required to provide relief under this section if the President determines that provision of such relief— (1) is not in the national economic interest of the United States; or (2) would cause serious harm to the national security of the United States. (c) Nature of relief (1) In general The relief the President is authorized to pro- vide under this subsection is as follows: (A)(i) With respect to a determination re- lating to an investigation under section 4572(a)(1) of this title, the denial or imposi- tion of limitations on a request for a new grant of authority by the persons of Mexico that are the subject of the investigation. (ii) With respect to a determination relat- ing to an investigation under section 4572(a)(1) of this title, the revocation of, or restrictions on, grants of authority issued to the persons of Mexico that are the subject of the investigation since the date of the peti- tion, request, or resolution. (B) With respect to a determination relat- ing to an investigation under section 4572(a)(2) or (3) of this title, the revocation or imposition of limitations on an existing grant of authority by the persons of Mexico that are the subject of the investigation. (C) With respect to a determination relat- ing to an investigation under section