118 STAT. 946 PUBLIC LAW 108–286—AUG. 3, 2004 Subtitle B—Textile and Apparel Safeguard Measures SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. (a) IN GENERAL.—A request under this subtitle for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the President by an interested party. Upon the filing of a request, the President shall review the request to determine, from information presented in the request, whether to commence consideration of the request. (b) ALLEGATION OF CRITICAL CIRCUMSTANCES.—An interested party filing a request under this section may— (1) allege that critical circumstances exist such that delay in the provision of relief would cause damage that would be difficult to repair; and (2) based on such allegation, request that relief be provided on a provisional basis. (c) PUBLICATION OF REQUEST.—If the President determines that the request under subsection (a) provides the information necessary for the request to be considered, the President shall cause to be published in the Federal Register a notice of commencement of consideration of the request, and notice seeking public comments regarding the request. The notice shall include a summary of the request and the dates by which comments and rebuttals must be received. SEC. 322. DETERMINATION AND PROVISION OF RELIEF. (a) DETERMINATION.— (1) IN GENERAL.—If a positive determination is made under section 321(c), the President shall determine whether, as a result of the reduction or elimination of a duty under the Agreement, an Australian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article. (2) SERIOUS DAMAGE.—In making a determination under paragraph (1), the President— (A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such rel evant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and (B) shall not consider changes in technology or con sumer preference as factors supporting a determination of serious damage or actual threat thereof. (b) PROVISION OF RELIEF.— (1) IN GENERAL.—If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as described in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage President. 19 USC 3805 note. Federal Register, publication. President. 19 USC 3805 note.
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