Page:United States Statutes at Large Volume 102 Part 2.djvu/226

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1230

Reports.

President of U.S.

Reports.

President of U.S.

President of U.S.

PUBLIC LAW 100-418—AUG. 23, 1988 "(I) the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product; or "OD the serious injury cannot be timely prevented through investigation under subsection (b) and action under section 203. "(D) At the request of the Commission, the Secretary of Agriculture shall promptly provide to the Commission any relevant information that the Department of Agriculture may have for purposes of making determinations and findings under this subsection. "(E) Whenever the (Commission makes an affirmative preliminary determination under subparagraph (C), the (Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury or threat thereof. In carrying out this subparagraph, the (Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury or threat thereof. "(F) The Commission shall immediately report to the President its determination under subparagraph (C) and, if the determination is affirmative, the finding under subparagraph (E). "(G) Within 7 days after receiving a report from the (Commission under subparagraph (F) containing an affirmative determination, the President, if he considers provisional relief to be warranted and after taking into account the finding of the (Commission under subparagraph (E), shall proclaim such provisional relief that the President considers necessary to prevent or remedy the serious injury or threat thereof. "(2)(A) The Commission shall, at the same time it makes an affirmative determination under subsection (b)(3)(A) r ^ a r d i n g the existence of critical circumstances, find the amount or extent of provisioned relief that is appropriate to address such critical circimistances. The (Commission shall immediately report to the President each such affirmative determination and finding. "(B) After receiving a report from the Commission under subparagraph (A), the President shall, within 7 days after the day on which the report is received and after taking into account the finding of the (Commission under subparagraph (A), proclaim such provisional relief, if any, that the President considers appropriate to address the critical circumstances. "(3) If provisional relief is proclaimed under paragraph (IXG) or (2)(B) in the form of an increase, or the imposition of, a duty, the President shall order the suspension of liquidation of sdl imported articles subject to the affirmative determination under paragraph (I)(C) or subsection (b)(D, as the case may be, that are entered, or withdrawn from warehouse for consumption, on or after the date of the determination. "(4)(A) Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which— "(i) if such relief was proclaimed under paragraph dXG), the (Commission makes a n ^ a t i v e determination under section 203(a) regarding injury or the threat thereof by imports of such article;