Page:United States Statutes at Large Volume 102 Part 2.djvu/228

This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1232

PUBLIC LAW 100-418—AUG. 23, 1988 "(A) an increase in, or the imposition of, any duty on the imported article; (B) a tariff-rate quota on the article; "(C) a modification or imposition of any quantitative restriction on the importation of the article into the United States; "(D) one or more appropriate adjustment measures, including the provision of trade adjustment assistance under chapter 2; or "(E) any combination of the actions described in subparagraphs (A) through (D). "(3) The Commission shall specify the type, amount, and duration of the action recommended by it under paragraph (1). • The limitations set forth in section 203(e) are applicable to the action recommended by the Commission. "(4) In addition to the recommendation made under paragraph (1), the Commission may also recommend that the President— "(A) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat; or "(B) implement any other action authorized under law that is likely to facilitate positive adjustment to import competition. "(5) For purposes of making its recommendation under this subsection, the Commission shall— "(A) after reasonable notice, hold a public hearing at which all interested parties shall be provided an opportunity to present testimony and evidence; and "(B) take into account— "(i) the form and amount of action described in paragraph (2)(A), (B), and (C) that would prevent or remedy the injury of threat thereof, "(ii) the objectives and actions specified in the adjustment plan, if any, submitted under subsection (a)(4), "(iii) any individual commitment that was submitted to the Commission under subsection (a)(6), "(iv) any information available to the Commission concerning the conditions of competition in domestic and world markets, and likely developments affecting such conditions during the period for which action is being requested, and "(v) whether international negotiations may be constructive to address the injury or threat thereof or to facilitate adjustment. "(6) Only those inembers of the Commission who agreed to the affirmative determination under subsection (b) are eligible to vote on the recommendation required to be made under paragraph (1) or that may be made under paragraph (3). Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (f), separate views regarding what action, if any, should be taken under section 203. "(f) REPORT BY (DOMMISSION.—

"(1) The Commission shall submit to the President a report on each investigation undertaken under subsection (b). The report shall be submitted at the earliest practicable time, but not later