114 STAT. 888 PUBLIC LAW 106-286—OCT. 10, 2000 and shall, within a reasonable time thereafter, hold public hearings at which the Commission shall afford interested parties an opportiuiity to be present, to present evidence, to respond to the presentations of other parties, and otherwise to be heard. "(3) The provisions of subsections (a)(8) and (i) of section 202 of the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to treatment of confidential business information, shall apply to investigations conducted under this section. "(c) ACTIONS DESCRIBED.— An action is described in this subsection if it is an action— "(1) by the People's Republic of China to prevent or remedy market disruption in a WTO member other than the United States; "(2) by a WTO member other than the United States to withdraw concessions under the WTO Agreement or otherwise to limit imports to prevent or remedy market disruption; "(3) by a WTO member other than the United States to apply a provisional safeguard within the meaning of the product-specific safeguard provision of the Protocol of Accession of the People's Republic of China to the WTO; or "(4) any combination of actions described in paragraphs (1) through (3). " (d) BASIS FOR DETERMINATION OF SIGNIFICANT DIVERSION.— (1) In determining whether significant diversion or the threat thereof exists for purposes of this section, the Commission shall take into account, to the extent such evidence is reasonably available— "(A) the monitoring conducted under subsection (a); "(B) the actual or imminent increase in United States market share held by such imports from the People's Republic of China; "(C) the actual or imminent increase in volume of such imports into the United States; "(D) the nature and extent of the action taken or proposed by the WTO member concerned; " "(E) the extent of exports from the People's Republic of China to that WTO member and to the United States; "(F) the actual or imminent changes in exports to that WTO member due to the action taken or proposed; "(G) the actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; "(H) cyclical or seasonal trends in import volumes into the United States of the products at issue; and "(I) conditions of demand and supply in the United States market for the products at issue. The presence or absence of any factor under any of subparagraphs (A) through (I) is not necessarily dispositive of whether a significant diversion of trade or the threat thereof exists. "(2) For purposes of making its determination, the Commission shall examine changes in imports into the United States from the People's Republic of China since the time that the WTO member commenced the investigation that led to a request for consultations described in subsection (a). "(3) If more than one action by a WTO member or WTO members against a particular product is identified in the petition.
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