Page:United States Statutes at Large Volume 107 Part 3.djvu/163

This page needs to be proofread.


PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2101 on or before the 90th day after the date on which the investigation is initiated under subsection (b). (b) INVESTIGATION AND DETERMINATION.— Upon the filing of a petition under subsection (a), the International Trade Commission, unless subsection (d) applies, shall promptly initiate an investigation to determine whether, as a result or the reduction or elimination of a duty pro^/ided for under the Agreement, a Canadian cuticle or a Mexican article, as the case may he, is being imported into the United States in such increased (quantities (in absolute terms) and under such conditions so that imports of the article, alone, constitute a substantial cause of— (1) serious iiyury; or (2) except in the case of a Canadian article, a threat of serious ii^jury; to the domestic industry producing an article that is like, or directly competitive with, the imported article. (c) APPLICABLE PROVISIONS. — The provisions of— (1) paragraphs (I)(B), (3) (except subparagraph (A)), and (4) of subsection (b); (2) subsection (c); and (3) subsection (d), of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any investigation initiated under subsection (b). (d) ARTICLES EXEMFF FROM INVESTIGATION. — NO investigation may be initiated under this section with respect to— (1) any Canadian article or Mexican article if import relief has been provided under this part with respect to that article; or (2) any textile or apparel article set out in Appendix 1.1 of Annex 300-B of the Agreement. SEC. 303. INTERNATIONAL TRADE COMMISSION ACTION ON PETTnON. 19 USC 3353. (a) DETERMiNATiON.~By no later than 120 days after the date on which an investigation is initiated under section 302(b) with respect to a petition, the International Trade Commission shall— (1) make the determination required under that section; and (2) if the determination referred to in paragraph (1) is affirmative and an allegation regarding critical circumstances was made under section 302(a), make a determination regarding that allegation. (b) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA- TION AFFIRMATIVE.—If the determination made by the International Trade Commission under subsection (a) with respect to imports of an article is affirmative, the International Trade Commission shall find, and recommend to the President in the report required under subsection (c), the amount of import relief that is necessary to remedy or, except in the case of imports of a Canadian article, prevent the irgury found by the International Trade Commission m the determination. The import relief recommended by the International Trade Commission under this subsection shall be limited to that described in section 304(c). (c) REPORT TO PRESIDENT. —N O later than the date that is 30 days after the date on which a determination is made under subsection (a) with respcKst to an investigation, the International Trade Commission shall submit to the President a report that shall include—