US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1339]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
          Part II--United States International Trade Commission
 
Sec. 1339. Trade Remedy Assistance Office


(a) Establishment; public information

    There is established in the Commission a separate office to be known 
as the Trade Remedy Assistance Office which shall provide full 
information to the public upon request and shall, to the extent 
feasible, provide assistance and advice to interested parties 
concerning--
        (1) remedies and benefits available under the trade laws, and
        (2) the petition and application procedures, and the appropriate 
    filing dates, with respect to such remedies and benefits.

(b) Procedural assistance by Office and other agencies

    The Trade Remedy Assistance Office, in coordination with each agency 
responsible for administering a trade law, shall provide technical and 
legal assistance and advice to eligible small businesses to enable 
them--
        (1) to prepare and file petitions and applications (other than 
    those which, in the opinion of the Office, are frivolous); and
        (2) to seek to obtain the remedies and benefits available under 
    the trade laws, including any administrative review or 
    administrative appeal thereunder.

(c) Definitions

    For purposes of this section--
        (1) The term ``eligible small business'' means any business 
    concern which, in the agency's judgment, due to its small size, has 
    neither adequate internal resources nor financial ability to obtain 
    qualified outside assistance in preparing and filing petitions and 
    applications for remedies and benefits under trade laws. In 
    determining whether a business concern is an ``eligible small 
    business'', the agency may consult with the Small Business 
    Administration, and shall consult with any other agency that has 
    provided assistance under subsection (b) of this section to that 
    business concern. An agency decision regarding whether a business 
    concern is an eligible small business for purposes of this section 
    is not reviewable by any other agency or by any court.
        (2) The term ``trade laws'' means--
            (A) chapter 1 of title II of the Trade Act of 1974 (19 
        U.S.C. 2251 et seq., relating to injury caused by import 
        competition);
            (B) chapters 2 and 3 of such title II [19 U.S.C. 2271 et 
        seq., 2341 et seq.] (relating to adjustment assistance for 
        workers and firms);
            (C) chapter 1 of title III of the Trade Act of 1974 (19 
        U.S.C. 2411 et seq., relating to relief from foreign import 
        restrictions and export subsidies);
            (D) subtitle IV of this chapter (relating to the imposition 
        of countervailing duties and antidumping duties);
            (E) section 1862 of this title (relating to the safeguarding 
        of national security); and
            (F) section 1337 of this title (relating to unfair practices 
        in import trade).

(June 17, 1930, ch. 497, title III, Sec. 339, as added Pub. L. 98-573, 
title II, Sec. 221[(a)], Oct. 30, 1984, 98 Stat. 2989; Pub. L. 99-514, 
title XVIII, Sec. 1888(3), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100-
418, title I, Sec. 1614, Aug. 23, 1988, 102 Stat. 1263.)

                       References in Text

    The Trade Act of 1974, referred to in subsec. (c)(2)(A) to (C), is 
Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapters 1, 2, 
and 3 of title II of the Trade Act of 1974 are classified generally to 
parts 1 (Sec. 2251 et seq.), 2 (Sec. 2271 et seq.), and 3 (Sec. 2341 et 
seq.) of subchapter II of chapter 12 of this title, respectively. 
Chapter 1 of title III of the Trade Act of 1974 is classified generally 
to subchapter III (Sec. 2411 et seq.) of chapter 12 of this title. For 
complete classification of this Act to the Code, see section 2101 of 
this title and Tables.


                            Prior Provisions

    A prior section 339 of act June 17, 1930, related to effect of 
repeal and reenactment of laws relating to Tariff Commission upon status 
of appropriations, employees, and privileges, prior to repeal by Pub. L. 
89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-418, Sec. 1614(1), substituted ``a 
separate office to be known as the Trade'' for ``a Trade'', and ``upon 
request and shall, to the extent feasible, provide assistance and advice 
to interested parties'' for ``, upon request,'' in introductory 
provisions.
    Subsec. (b). Pub. L. 100-418, Sec. 1614(2), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Each 
agency responsible for administering a trade law shall provide technical 
assistance to eligible small businesses to enable them to prepare and 
file petitions and applications (other than those which, in the opinion 
of the agency, are frivolous) to obtain the remedies and benefits that 
may be available under that law.''
    1986--Subsec. (c)(2)(A). Pub. L. 99-514 substituted ``injury'' for 
``relief''.


                             Effective Date

    Section 221(b) of Pub. L. 98-573 provided that: ``Section 339 of the 
Tariff Act of 1930 [this section] (as added by subsection (a)) shall 
take effect on the 90th day after the date of the enactment of this Act 
[Oct. 30, 1984].''


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.