Page:United States Statutes at Large Volume 107 Part 3.djvu/201

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2139 (2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned; may file with the Trade Representative a petition that such industry be identified under this section. (b) IDENTIFICATION OF INDUSTRY. —Within 90 days afl^r receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industiy may face both the subsidization described in subsection (a)(l) and the deterioration described in subsection (a)(2). (c) ACTION AFTER IDENTIFICATION. —A t the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall— (1) compile and make available to the industry information under section 308 of the Trade Act of 1974; (2) recommend to the President that an investigation by the International Trade Commission be requested under section 332 of the Tariff Act of 1930; or (3) take actions described in both paragraphs (1) and (2). The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under paragraph (1) or (2), or both, as the case may be, until an agreement on more effective rules and disciplines relating to government subsidies is reached between the United States and the NAFTA countries. (d) INITIATION OF ACJTION UNDER OTHER LAW. — (1) IN GENERAin—The Trade Representative and the Secretary of Commerce shall review information obtained under subsection (c) and consult with the industry identified under subsection (b) with a view to deciding whether any action is appropriate— (A) under section 301 of the Trade Act of 1974, including the initiation of an investigation under section 302(c) of that Act (in the case of tiiie Trade Representative); or (B) under subtitle A of title VII of the Tariff Act of 1930, including the initiation of an investigation under section 702(a) of that Act (in the case of the Secretary of Commerce). (2) CRITERIA FOR INITIATION.—In determining whether to initiate any investigation under section 301 of the Trade Act of 1974 or any other trade law, other than title VII of the Tariff Act of 1930, the Trade Representative, after consultation with the Secretary of Commerce— (A) shall S€iek the advice of the advisory committees established under section 135 of the Trade Act of 1974; (B) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives; (C) shall coordinate with the interagency organization estabhshed under section 242 of the Trade Expansion Act of 1962; and (D) may ask the President to request advice from the International Trade Conunission.