Page:United States Statutes at Large Volume 107 Part 3.djvu/169

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2107 SEC. 312. PRESIDENTIAL ACTION REGABDING NAFTA IMPORTS. 19 USC 3372. (a) IN GENERAL.— In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 with respect to imports from a NAFTA country, the President shall determine whether— (1) imports from such country, considered individually, account for a substantial share of total imports; or (2) importsfroma NAFTA country, considered individually, or in exceptional circumstances importsfrt)mNAFTA countries considered collectively, contribute importantly to the serious ii^jiiry, or threat thereof, found by the International Trade Commission. (b) EXCLUSION OF NAFTA IMPORTS.—In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974, the President shall excludefrt)msuch action imports from a NAFTA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports frt)m such country. (c) ACTION AFTER EXCLUSION OF NAFTA COUNTRY IMPORTS.— (1) IN GENERAL.— If the President, under subsection (b), excludes imports from a NAFTA country or countries from action under chapter 1 of title II of the Trade Act of 1974 but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action— (A) the President may take appropriate action under such chapter 1 to include those imports in the action; and (B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports. (2) INVESTIGATIOJM. — Upon receiving a request under paragraph (I)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission. (3) DEFINITION.—For purposes of this subsection, the term "surge" means a significant increase in imports over the trend for a recent representative base period. (d) CONDITION APPLICABLE TO QUANTITATIVE RESTRICTIONS. — Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the an;icle which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth. PART 3—GENERAL PROVISIONS SEC 315. PROVISIONAL RELIEF. Section 202(d) of the Trade Act of 1974 (19 U.S.C. 2252(d)) is amended— (1) in paragraph (I)(A) by inserting "or citrus product" after "agricultural product" each place it appears;