19 U.S.C. § 2251 — Action to facilitate positive adjustment to

Page 559 TITLE 19—CUSTOMS DUTIES § 2251 an Effective Date note under former section 3461 of this title. CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114–125, title VI, § 610(b)(3), Feb. 24, 2016, 130 Stat. 192, provided that: ‘‘Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this sub- section shall be construed as limiting the authority of the President or the United States Trade Representa- tive to develop action plans other than action plans de- scribed in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.’’ USE OF TRADE ENFORCEMENT TRUST FUNDS TO FACILI- TATE COMPLIANCE WITH INTELLECTUAL PROPERTY PROTECTION BENCHMARKS BY DEVELOPING COUNTRIES Pub. L. 114–125, title VI, § 610(b)(2), Feb. 24, 2016, 130 Stat. 192, provided that: ‘‘(A) IN GENERAL.—Amounts from the Trade Enforce- ment Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropria- tions Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may in- clude capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual prop- erty rights in the developing country. ‘‘(B) DEVELOPING COUNTRY DEFINED.—In this para- graph, the term ‘developing country’ means a country classified by the World Bank as having a low-income or lower-middle-income economy.’’ PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROP- ERTY RIGHTS Pub. L. 101–189, div. A, title VIII, § 852, Nov. 29, 1989, 103 Stat. 1517, as amended by Pub. L. 101–510, div. A, title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of Congress that it be a very impor- tant consideration in procurement of property, serv- ices, or technology by the Department of Defense whether such procurement is from any person of any country which has been identified by the United States Trade Representative as denying adequate and effective protection of intellectual property rights or fair and equitable market access to United States persons that rely upon intellectual property protection. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROP- ERTY RIGHTS Pub. L. 100–418, title I, § 1303(a), Aug. 23, 1988, 102 Stat. 1179, provided that: ‘‘(1) The Congress finds that— ‘‘(A) international protection of intellectual prop- erty rights is vital to the international competitive- ness of United States persons that rely on protection of intellectual property rights; and ‘‘(B) the absence of adequate and effective protec- tion of United States intellectual property rights, and the denial of fair and equitable market access, seriously impede the ability of the United States per- sons that rely on protection of intellectual property rights to export and operate overseas, thereby harm- ing the economic interests of the United States. ‘‘(2) The purpose of this section [enacting this section and this note] is to provide for the development of an overall strategy to ensure adequate and effective pro- tection of intellectual property rights and fair and eq- uitable market access for United States persons that rely on protection of intellectual property rights.’’ SUBCHAPTER II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION PART 1—POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS § 2251. Action to facilitate positive adjustment to import competition (a) Presidential action If the United States International Trade Com- mission (hereinafter referred to in this part as the ‘‘Commission’’) determines under section 2252(b) of this title that an article is being im- ported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic in- dustry producing an article like or directly com- petitive with the imported article, the Presi- dent, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a posi- tive adjustment to import competition and pro- vide greater economic and social benefits than costs. (b) Positive adjustment to import competition (1) For purposes of this part, a positive adjust- ment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with im- ports after actions taken under section 2254 of this title terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other pro- ductive pursuits; and (B) dislocated workers in the industry expe- rience an orderly transition to productive pur- suits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 2252(b) of this title. (Pub. L. 93–618, title II, § 201, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 96–39, title I, § 106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L. 98–573, title II, § 249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100–418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418, in amending section generally, substituted provisions relating to action to facilitate positive adjustment to import competition for provi- sions relating to investigation by International Trade Commission. See section 2252 of this title. 1984—Subsec. (b)(2)(B). Pub. L. 98–573, § 249(1)(A), sub- stituted ‘‘inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and’’ for ‘‘inventory, and’’. Subsec. (b)(2)(D). Pub. L. 98–573, § 249(1)(B)–(D), added subpar. (D). Subsec. (b)(7). Pub. L. 98–573, § 249(2), added par. (7). 1979—Subsec. (b)(6). Pub. L. 96–39 substituted ‘‘sub- titles A and B of title VII or section 337 of the Tariff Act of 1930’’ for ‘‘the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930’’. Page 560 TITLE 19—CUSTOMS DUTIES § 2252 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1401(c), Aug. 23, 1988, 102 Stat. 1241, provided that: ‘‘The amendments made by sub- sections (a) and (b) [enacting section 2254 of this title and amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this title and provisions set out as a note under section 2112 of this title] shall take effect on the date of the enactment of this Act [Aug. 23, 1988] and shall apply with respect to investigations initiated under chapter 1 of title II of the Trade Act of 1974 [this part] on or after that date. Any petition filed under section 201 of such chapter [19 U.S.C. 2251] before such date of enactment, and with respect to which the United States International Trade Commission did not make a finding before such date with respect to serious injury or the threat thereof, may be withdrawn and refiled, without prejudice, by the petitioner under sec- tion 202(a) of such chapter [19 U.S.C. 2252(a)] (as amend- ed by this section).’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as a note under section 1304 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as an Effective Date note under section 1671 of this title. STUDY ON TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN Pub. L. 107–210, div. A, title I, § 143, Aug. 6, 2002, 116 Stat. 953, required Secretary of Commerce, not later than 1 year after Aug. 6, 2002, to conduct a study and report to Congress on appropriateness and feasibility of a trade adjustment assistance program for fishermen. TERM ‘‘INDUSTRY’’ TO INCLUDE PRODUCERS LOCATED IN UNITED STATES INSULAR POSSESSIONS Pub. L. 98–67, title II, § 214(f), Aug. 5, 1983, 97 Stat. 393, provided that: ‘‘For purposes of chapter 1 of title II of the Trade Act of 1974 [this part], the term ‘industry’ shall include producers located in the United States in- sular possessions.’’ Executive Documents EX. ORD. NO. 11913. COLLECTION OF INFORMATION FOR IMPORT RELIEF AND ADJUSTMENT ASSISTANCE Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, pro- vided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including Section 332(g) of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President of the United States of America, in order to reduce the re- porting burden with respect to the collection of infor- mation pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of the United States Code, it is hereby ordered as follows: SECTION 1. Whenever the United States International Trade Commission, in connection with investigations pursuant to Section 201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms on their sales, production, employment, and financial experi- ence, the Commission shall provide such information to the Secretaries of Commerce and Labor. SEC. 2. The Secretaries of Commerce and Labor shall ensure that the factual data, received pursuant to Sec- tion 1, are used solely for the performance of their functions pursuant to Sections 264 and 224, respec- tively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274). GERALD R. FORD. § 2252. Investigations, determinations, and rec- ommendations by Commission (a) Petitions and adjustment plans (1) A petition requesting action under this part for the purpose of facilitating positive ad- justment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representa- tive of an industry. (2) A petition under paragraph (1)— (A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the or- derly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and (B) may— (i) subject to subsection (d)(1)(C)(i), re- quest provisional relief under subsection (d)(1); or (ii) request provisional relief under sub- section (d)(2). (3) Whenever a petition is filed under para- graph (1), the Commission shall promptly trans- mit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned. (4) A petitioner under paragraph (1) may sub- mit to the Commission and the United States Trade Representative (hereafter in this part re- ferred to as the ‘‘Trade Representative’’), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import com- petition. (5)(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other en- tities referred to in paragraph (1) that wish to participate may consult with the Trade Rep- resentative and the officers and employees of any Federal agency that is considered appro- priate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion in the plan in re- lation to specific actions that may be taken under this part. (B) A request for any consultation under sub- paragraph (A) must be made to the Trade Rep- resentative. Upon receiving such a request, the Trade Representative shall confer with the peti- tioner and provide such assistance, including publication of appropriate notice in the Federal Register, as may be practicable in obtaining other participants in the consultation. No con- sultation may occur under subparagraph (A) un- less the Trade Representative, or his delegate, is in attendance. (6)(A) In the course of any investigation under subsection (b) of this section, the Commission shall seek information (on a confidential basis, to the extent appropriate) on actions being taken, or planned to be taken, or both, by firms and workers in the industry to make a positive adjustment to import competition. (B) Regardless whether an adjustment plan is submitted under paragraph (4) by the petitioner, if the Commission makes an affirmative deter- mination under subsection (b), any—