Page:United States Statutes at Large Volume 107 Part 3.djvu/168

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107 STAT. 2106 PUBLIC LAW 103-182—DEC. 8, 1993 (5) The term "Secretary" means the Secretary of Agriculture. (6) The term "trigger price" means the average daily closing price of the New York Cotton Exchange, or any successor as determined by the Secretary, for the corresponding month during the previous 5-year period, excluding the year with the highest average price for the corresponding month and the year with the lowest average price for the corresponding month. PART 2—RELIEF FROM IMPORTS FROM ALL COUNTRIES 19 USC 3371. SEC. 311. NAFTA ARTICLE DKPACT IN IMPORT RELIEF CASES UNDER THE TRADE ACT OF 1974. (a) IN GENERAL.— If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974, the International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of section 330(d) of the Tariff Act of 1930), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether— (1) imports of the articlefi*oma NAFTA country, considered individually, account for a substantial share of total imports; and (2) imports of the article from a NAFTA country, considered individually or, in exceptional circiunstances, imports from NAFTA countries considered collectively, contribute importently to the serious ii^jiuy, or threat thereof, caused by imports. (b) FACTORS.— (1) SUBSTANTLU. IMPORT SHARE. —In determining whether imports from a NAFTA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period. (2) APPLICATION OF "CONTRIBUTE IMPORTANTLY" STAND- ARD. —In determining whether imports from a NAFTA country or countries contribute importently to the serious ii\jury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the N.^TA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a NAFTA country or countries normally shall not be considered to contribute importently to serious ii^ury, or the threat thereof, if the growth rate of importe from such country or countries during the period in which an ii\jurious increase in importe occurred is appreciably lower than the growth rate of totel importe fix)m all sources over the same period. (c) DEFINITION. —For purposes of this section and section 312(a), the term contribute importantly" refers to an importent cause, but not necessarily the most importent cause.