Source
(Pub. L. 93–618, title II, § 202, Jan. 3, 1975, 88 Stat. 2014; Pub. L. 100–418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225; Pub. L. 103–182, title III, §§ 315,
317
(b), Dec. 8, 1993, 107 Stat. 2107, 2108; Pub. L. 103–465, title III, §§ 301(a)–(d)(2), (4), (e), (f), 302(b)(4)(B), 303(1)–(6), Dec. 8, 1994, 108 Stat. 4932–4934, 4936, 4937; Pub. L. 104–295, § 20(c)(5), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 107–43, title II, § 222, Sept. 28, 2001, 115 Stat. 250; Pub. L. 108–77, title III, § 316, Sept. 3, 2003, 117 Stat. 937; Pub. L. 108–78, title III, § 316, Sept. 3, 2003, 117 Stat. 967; Pub. L. 108–286, title III, § 316, Aug. 3, 2004, 118 Stat. 945; Pub. L. 108–302, title III, § 316, Aug. 17, 2004, 118 Stat. 1120; Pub. L. 109–53, title III, § 316, Aug. 2, 2005, 119 Stat. 492; Pub. L. 109–169, title III, § 316, Jan. 11, 2006, 119 Stat. 3597; Pub. L. 109–283, title III, § 316, Sept. 26, 2006, 120 Stat. 1207; Pub. L. 110–138, title III, § 316, Dec. 14, 2007, 121 Stat. 1483.)
Amendment of Section
For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Termination Dates of 2007 Amendment note below.
For termination of amendment by section 107(c) of Pub. L. 109–283, see Effective and Termination Dates of 2006 Amendment note below.
For termination of amendment by section 106(c) of Pub. L. 109–169, see Effective and Termination Dates of 2006 Amendment note below.
For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.
For termination of amendment by section 107(c) of Pub. L. 108–302, see Effective and Termination Dates of 2004 Amendments note below.
For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Termination Dates of 2004 Amendments note below.
For termination of amendment by section 107(c) of Pub. L. 108–78, see Effective and Termination Dates of 2003 Amendments note below.
For termination of amendment by section 107(c) of Pub. L. 108–77, see Effective and Termination Dates of 2003 Amendments note below.
For termination of amendment by section 404(c) of Pub. L. 107–43, see Effective and Termination Dates of 2001 Amendment note below.
References in Text
The North American Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is
Pub. L. 103–182, Dec. 8, 1993,
107 Stat. 2057, as amended. Part 1 of title III of the Act probably means part 1 of subtitle A of title III of the Act, which is classified generally to subpart 1 (§ 3351 et seq.) of part
A of subchapter
III of chapter
21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
3301 of this title and Tables.
Title II of the United States-Jordan Free Trade Area Implementation Act, referred to in subsec. (a)(8), is title II of
Pub. L. 107–43, Sept. 28, 2001,
115 Stat. 243, which is set out in a note under section
2112 of this title.
Title III of the United States-Chile Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108–77, Sept. 3, 2003,
117 Stat. 909, which is set out in a note under section
3805 of this title.
Title III of the United States-Singapore Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108–78, Sept. 3, 2003,
117 Stat. 948, which is set out in a note under section
3805 of this title.
Title III of the United States-Australia Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108–286, Aug. 3, 2004,
118 Stat. 941, which is set out in a note under section
3805 of this title.
Title III of the United States-Morocco Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 108–302, Aug. 17, 2004,
118 Stat. 1116, which is set out in a note under section
3805 of this title.
The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is
Pub. L. 109–53, Aug. 2, 2005,
119 Stat. 462, as amended. Title III of the Act is classified generally to subchapter III (§ 4051 et seq.) of chapter
26 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
4001 of this title and Tables.
Title III of the United States-Bahrain Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 109–169, Jan. 11, 2006,
119 Stat. 3593, which is set out in a note under section
3805 of this title.
Title III of the United States-Oman Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 109–283, Sept. 26, 2006,
120 Stat. 1203, which is set out in a note under section
3805 of this title.
Title III of the United States-Peru Trade Promotion Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Pub. L. 110–138, Dec. 14, 2007,
121 Stat. 1455, which is set out in a note under section
3805 of this title.
The Tariff Act of 1930, referred to in subsec. (c)(5), is act June 17, 1930, ch. 497,
46 Stat. 590, as amended. Subtitles A and B of title VII of the Tariff Act of 1930 are classified generally to parts I and II (§ 1671 et seq. and 1673 et seq., respectively) of subtitle
IV of chapter
4 of this title. For complete classification of this Act to the Code, see section
1654 of this title and Tables.
Amendments
2007—Subsec. (a)(8).
Pub. L. 110–138, §§ 107(c),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Oman Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Peru Trade Promotion Agreement Implementation Act”. See Effective and Termination Dates of 2007 Amendment note below.
2006—Subsec. (a)(8).
Pub. L. 109–283, §§ 107(c),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Bahrain Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Oman Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below.
Pub. L. 109–169, §§ 106(c),
316, in first sentence, temporarily struck out “and” before “title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the United States-Bahrain Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2006 Amendment note below.
2005—Subsec. (a)(8).
Pub. L. 109–53, §§ 107(d),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Morocco Free Trade Agreement Implementation Act” and inserted before period at end “, and title III of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2005 Amendment note below.
2004—Subsec. (a)(8).
Pub. L. 108–302, §§ 107(c),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Australia” and inserted before period at end “, and title III of the United States-Morocco Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below.
Pub. L. 108–286, §§ 106(c),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Singapore” and inserted before period at end “, and title III of the United States-Australia Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2004 Amendments note below.
2003—Subsec. (a)(8).
Pub. L. 108–78, §§ 107(c),
316, in first sentence, temporarily struck out “and” before “title III of the United States-Chile” and inserted before period at end “, and title III of the United States-Singapore Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below.
Pub. L. 108–77, §§ 107(c),
316, in first sentence, temporarily struck out “and” before “title II” and inserted before period at end “, and title III of the United States-Chile Free Trade Agreement Implementation Act”. See Effective and Termination Dates of 2003 Amendments note below.
2001—Subsec. (a)(8).
Pub. L. 107–43, in first sentence, temporarily substituted “, part 1” for “and part 1” and inserted before period at end “, and title II of the United States-Jordan Free Trade Area Implementation Act”. See Effective and Termination Dates of 2001 Amendment note below.
1996—Subsec. (d)(4)(A)(i).
Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to subsection (b) of this section.
1994—Subsec. (a)(2)(B)(ii).
Pub. L. 103–465, § 303(1), struck out “, or at any time before the 150th day after the date of filing be amended to request,” after “request”.
Subsec. (a)(8).
Pub. L. 103–465, § 301(a), inserted at end “The Commission may request that parties providing confidential business information furnish nonconfidential summaries thereof or, if such parties indicate that the information in the submission cannot be summarized, the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission.”
Subsec. (b)(1)(A).
Pub. L. 103–465, § 303(2), substituted “subsection (a)” for “subsection (b)”.
Subsec. (b)(2)(A).
Pub. L. 103–465, § 301(d)(2)(A)(i), inserted “(180 days if the petition alleges that critical circumstances exist)” after “120 days”.
Subsec. (b)(2)(B).
Pub. L. 103–465, § 301(d)(2)(A)(ii), inserted “(210 days if the petition alleges that critical circumstances exist)” after “150 days”.
Subsec. (b)(3), (4).
Pub. L. 103–465, § 301(c), added par. (3), struck out former par. (3) which provided time limits on Commission determinations where petitioner alleged existence of critical circumstances, and struck out former par. (4) which provided for notice and hearings on any adjustment plan submitted under subsec. (a) of this section.
Subsec. (c)(1)(B)(i).
Pub. L. 103–465, § 301(e)(1), inserted “productivity,” after “wages,”.
Subsec. (c)(6).
Pub. L. 103–465, § 303(5), substituted “section” for “subsection” in introductory provisions.
Subsec. (c)(6)(A).
Pub. L. 103–465, § 301(e)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘domestic industry’ includes producers located in the United States insular possession.”
Subsec. (c)(6)(C), (D).
Pub. L. 103–465, § 301(e)(2)(B), added subpars. (C) and (D).
Subsec. (d)(1)(C)(i).
Pub. L. 103–465, § 303(3)(A), substituted “subparagraph (B)” for “paragraph (2)”.
Subsec. (d)(1)(E), (G).
Pub. L. 103–465, § 303(3)(B), struck out “or threat thereof” after “the serious injury” wherever appearing.
Subsec. (d)(2).
Pub. L. 103–465, § 301(d)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(2)(A) The Commission shall, at the same time it makes an affirmative determination under subsection (b)(3)(A) of this section regarding the existence of critical circumstances, find the amount or extent of provisional relief that is appropriate to address such critical circumstances. The Commission shall immediately report to the President each such affirmative determination and finding.
“(B) After receiving a report from the Commission under subparagraph (A), the President shall, within 7 days after the day on which the report is received and after taking into account the finding of the Commission under subparagraph (A), proclaim such provisional relief, if any, that the President considers appropriate to address the critical circumstances.”
Subsec. (d)(3).
Pub. L. 103–465, § 301(d)(4)(A), substituted “(2)(D)” for “(2)(B)” and “paragraph (2)(A)” for “subsection (b)(1) of this section”.
Subsec. (d)(4)(A)(i).
Pub. L. 103–465, §§ 301(d)(4)(B),
303
(4), inserted “or (2)(D)” after “(1)(G)” and substituted “subsection (b) of this section” for “section
2253
(a) of this title”.
Subsec. (f)(1).
Pub. L. 103–465, § 301(d)(2)(B), inserted “(240 days if the petition alleges that critical circumstances exist)” after “180 days”.
Subsec. (f)(2)(G)(ii).
Pub. L. 103–465, § 303(6), substituted “industry are located” for “industry is located”.
Subsec. (h)(2).
Pub. L. 103–465, § 302(b)(4)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “If an article was the subject of an investigation under this section that resulted in any action described in section
2253
(a)(3)(A), (B), (C), or (E) of this title being taken under section
2253 of this title, no other investigation under this part may be initiated with respect to such article while such action is in effect or during the period beginning on the date on which such action terminates that is equal in duration to the period during which such action was in effect.”
Subsec. (h)(3).
Pub. L. 103–465, § 301(f), added par. (3).
Subsec. (i).
Pub. L. 103–465, § 301(b), added subsec. (i).
1993—Subsec. (a)(8).
Pub. L. 103–182, § 317(b), added par. (8).
Subsec. (d)(1)(A).
Pub. L. 103–182, § 315(1), inserted “or citrus product” after “agricultural product” wherever appearing.
Subsec. (d)(1)(C).
Pub. L. 103–182, § 315(2), in cl. (i) and provisions before subcl. (I), inserted “or citrus product” after “agricultural product” wherever appearing and in provisions before subcl. (I), inserted “or citrus product” after “competitive perishable product”.
Subsec. (d)(5).
Pub. L. 103–182, § 315(3), (4), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
1988—
Pub. L. 100–418, in amending section generally, substituted provisions relating to investigations, determinations and recommendations by Commission for provisions relating to Presidential action after investigations. See section
2253 of this title.
Effective and Termination Dates of 2007 Amendment
Amendment by
Pub. L. 110–138 effective on the date the United States-Peru Trade Promotion Agreement enters into force (Feb. 1, 2009) and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of
Pub. L. 110–138, set out in a note under section
3805 of this title.
Effective and Termination Dates of 2006 Amendment
Amendment by
Pub. L. 109–283 effective on the date on which the United States-Oman Free Trade Agreement enters into force (Jan. 1, 2009) and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of
Pub. L. 109–283, set out in a note under section
3805 of this title.
Amendment by
Pub. L. 109–169 effective on the date on which the United States-Bahrain Free Trade Agreement enters into force (Aug. 1, 2006) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of
Pub. L. 109–169, set out in a note under section
3805 of this title.
Effective and Termination Dates of 2005 Amendment
Amendment by
Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of
Pub. L. 109–53, set out as an Effective and Termination Dates note under section
4001 of this title.
Effective and Termination Dates of 2004 Amendments
Amendment by
Pub. L. 108–302 effective on the date on which the United States-Morocco Free Trade Agreement enters into force (July 1, 2005) and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of
Pub. L. 108–302, set out in a note under section
3805 of this title.
Amendment by
Pub. L. 108–286 effective on the date on which the United States-Australia Free Trade Agreement enters into force (Jan. 1, 2005) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of
Pub. L. 108–286, set out in a note under section
3805 of this title.
Effective and Termination Dates of 2003 Amendments
Amendment by
Pub. L. 108–78 effective on the date the United States-Singapore Free Trade Agreement enters into force (Jan. 1, 2004), and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of
Pub. L. 108–78, set out in a note under section
3805 of this title.
Amendment by
Pub. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of
Pub. L. 108–77, set out in a note under section
3805 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–43 effective on the date the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area enters into force (Dec. 17, 2001), and ceases to be effective on the date the Agreement ceases to be in force, see section 404(a), (c), of
Pub. L. 107–43, set out in a note under section
2112 of this title.
Effective Date of 1994 Amendment
Section 304 of title III of
Pub. L. 103–465 provided that:
“(a) In General.—Except as provided in subsection (b), this subtitle [subtitle A (§§ 301–304) of title III of
Pub. L. 103–465, amending this section and sections
2253 and
2254 of this title] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995].
“(b) Section 301(b).—The amendment made by section
301
(b) [amending this section] takes effect on the date of the enactment of this Act [Dec. 8, 1994].”
Effective Dates of 1993 Amendment
Amendment by
Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 318 of
Pub. L. 103–182, set out as an Effective Date note under section
3351 of this title.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under this part on or after that date, see section 1401(c) of
Pub. L. 100–418, set out as a note under section
2251 of this title.
Uruguay Round Agreements: Entry Into Force
The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section
3511
(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section
3511 of this title.