Page:United States Statutes at Large Volume 102 Part 2.djvu/223

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1227

or on its own motion, the Commission shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. "(B) For purposes of this section, the term 'substantial cause' means a cause which is important and not less than any other cause. "(2)(A) Except as provided in subparagraph (B), the Commission shall make the determination under paragraph (1) within 120 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case maybe. "(B) If before the 100th day after a petition is filed under subsection (a)(1) the Commission determines that the investigation is extraordinarily complicated, the Commission shall make the determination under paragraph (1) within 150 days after the date referred to in subparagraph (A). "(3)(A) If the Commission makes an affirmative determination under paragraph (1) and the petitioner alleges the existence of critical circumstances, the Commission shall make a determination regarding such allegation— "(i) on or before the 120th day after the day on which the petition was filed, if such allegation was included in the petition on or before the 90th day after such filing date; or "(ii) on or before the date the report required under subsection (f) regarding the determination is submitted to the President, if such allegation was included in the petition after the 90th day, and on or before the 150th day, after such filing date. "(B) For purposes of this paragraph and subsection (d)(2), critical circumstances exist if a substantial increase in imports (either actual or relative to domestic production) over a relatively short period of time has led to circumstances in which a delay in taking action under this chapter would cause harm that would significantly impair the effectiveness of such action. "(4) In the course of any proceeding under this subsection, the Commission shall, after reasonable notice, hold public hearings and shall grfford interested parties and consumers an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted under subsection (a), and to be heard at such hearings. '(c) FACTORS APPLIED IN MAKING DETERMINATIONS.—

"(1) In making determinations under subsection (b), the Commission shall take into account all economic factors which it considers relevant, including 0)ut not limited to)— "(A) with respect to serious injury— "(i) the significant idling of productive facilities in the domestic industry, "(ii) the inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit, and "(iii) significant unemployment or underemployment within the domestic industry; "(B) with respect to threat of serious injury—

Employment and unemplojntnent.