PUBLIC LAW 100-418—AUG. 23, 1988
102 STAT. 1229
such domestic industry only that s^ment of the production located in such area. "(5) In the course of any proceeding under this subsection, the Commission shall investigate any factor which in its judgment may be contributing to increased imports of the article under investigation. Whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of subtitles A and B of title VH or section 337 of the Tariff Act of 1930, or other remedial provisions of law, the Commission shall promptly notify the appropriate agency so that such action may be taken as is otherwise authorized by such provisions of law. "(6) For purposes of this subsection: "(A) The term 'domestic industry* includes producers located in the United States insular possession. "(B) The term 'significant idling of productive facilities' includes the closing of plants or the underutilization of production capacity.
- (d) PROVISIONAL RrajEF.—
"(I)(A) An entity representing a domestic industry that produces a perishable agricultural product that is like or directly competitive with an imported perishable agricultural product may file a request with the Trade Representative for the monitoring of imports of that product under subparagraph (B). Within 21 days after receiving the request, the Trade Representative shall determine if— "(i) the imported product is a perishable agricultural product; and "(ii) there is a reasonable indication that such product is being imported into the United States in such increased qusmtities as to be, or likely to be, a substantial cause of serious injury, or the threat thereof, to such domestic industry. "(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Trade Representative shall request, under section 332(g) of the Tariff Act of 1930, the Commission to monitor and investigate the imports concerned for a period not to exceed 2 years. The monitoring and investigation may include the collection and analysis of information that would expedite an investigation under subsection (b). XQ If a petition filed under subsection (a)— "(i) alleges injury from imports of a perishable agricultural product that has been, on the date the allegation is included in the petition, subject to monitoring by the Commission under paragraph (2) for not less than 90 daj^; and "(ii) requests that provisional relief be provided under this subsection with respect to such imports; the Conmdssion shall, not later than the 21st day after the day on which the request was filed, make a determination, on the basis of available information, whether increased imports (either actual or relative to domestic production) of the perishable agricultural product are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive perishable product, and whether either—
19-194 0-91—Part 2
8: QL J
Agriculture and agricultural commodities.
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