2013 US Code
Title 19 - Customs Duties
Chapter 21 - NORTH AMERICAN FREE TRADE (§§ 3301 - 3473)
Subchapter III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES (§§ 3351 - 3421)
Part A - Safeguards (§§ 3351 - 3382)
Subpart 1 - relief from imports benefiting from agreement (§§ 3351 - 3358)
Section 3352 - Commencing of action for relief
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 19 - CUSTOMS DUTIES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 19 - CUSTOMS DUTIES CHAPTER 21 - NORTH AMERICAN FREE TRADE SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES Part A - Safeguards subpart 1 - relief from imports benefiting from agreement Sec. 3352 - Commencing of action for relief |
Contains | section 3352 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 103-182, title III, §302, Dec. 8, 1993, 107 Stat. 2100. |
Statutes at Large References | 107 Stat. 2100 108 Stat. 4932 |
Public Law References | Public Law 103-182, Public Law 103-465 |
Download PDF
A petition requesting action under this subpart for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the International Trade Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The International Trade Commission shall transmit a copy of any petition filed under this subsection to the Trade Representative.
(2) Provisional reliefAn entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 2252(a) of this title.
(3) Critical circumstancesAn allegation that critical circumstances exist must be included in the petition or made on or before the 90th day after the date on which the investigation is initiated under subsection (b) of this section.
(b) Investigation and determinationUpon the filing of a petition under subsection (a) of this section, the International Trade Commission, unless subsection (d) of this section applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Canadian article or a Mexican article, as the case may be, is being imported into the United States in such increased quantities (in absolute terms) and under such conditions so that imports of the article, alone, constitute a substantial cause of—
(1) serious injury; or
(2) except in the case of a Canadian article, a threat of serious injury;
to the domestic industry producing an article that is like, or directly competitive with, the imported article.
(c) Applicable provisionsThe provisions of—
(1) paragraphs (1)(B), (3) 1 (except subparagraph (A)), and (4) 1 of subsection (b);
(2) subsection (c); and
(3) subsection (d),
of section 2252 of this title apply with respect to any investigation initiated under subsection (b) of this section.
(d) Articles exempt from investigationNo investigation may be initiated under this section with respect to—
(1) any Canadian article or Mexican article if import relief has been provided under this subpart with respect to that article; or
(2) any textile or apparel article set out in Appendix 1.1 of Annex 300–B of the Agreement.
(Pub. L. 103–182, title III, §302, Dec. 8, 1993, 107 Stat. 2100.)
REFERENCES IN TEXTParagraphs (3) and (4) of subsection (b) of section 2252 of this title, referred to in subsec. (c)(1), were repealed and a new paragraph (3) was added by Pub. L. 103–465, title III, §301(c), Dec. 8, 1994, 108 Stat. 4932.
1 See References in Text note below.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.