Monitoring, modification, and termination of action
(a)
Monitoring
(1)
section 2253 of this title So long as any action taken under remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2)
section 2253 of this title If the initial period during which the action taken under is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3)
In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4)
section 2253 of this title Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under which is under consideration.
(b)
Reduction, modification, and termination of action
(1)
section 2253 of this title Action taken under may be reduced, modified, or terminated by the President (but not before the President receives the report required under subsection (a)(2)(A)) if the President—
(A)
after taking into account any report or advice submitted by the Commission under subsection (a) and after seeking the advice of the Secretary of Commerce and the Secretary of Labor, determines, on the basis that either—
(i)
the domestic industry has not made adequate efforts to make a positive adjustment to import competition, or
(ii)
section 2253 of this title the effectiveness of the action taken under has been impaired by changed economic circumstances,
that changed circumstances warrant such reduction, or termination; or
(B)
determines, after a majority of the representatives of the domestic industry submits to the President a petition requesting such reduction, modification, or termination on such basis, that the domestic industry has made a positive adjustment to import competition.
(2)
section 2253 of this title Notwithstanding paragraph (1), the President is authorized to take such additional action under as may be necessary to eliminate any circumvention of any action previously taken under such section.
(3)
section 3538(a)(4) of this titlesection 2253 of this title Notwithstanding paragraph (1), the President may, after receipt of a Commission determination under and consulting with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, reduce, modify, or terminate action taken under .
(c)
Extension of action
(1)
section 2253 of this titlesection 2253 of this title Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any action taken under is to terminate, the Commission shall investigate to determine whether action under continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.
(2)
The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
(3)
section 2253 of this title The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under is to terminate, unless the President specifies a different date.
(d)
Evaluation of effectiveness of action
(1)
section 2253 of this titlesection 2253(b) of this title After any action taken under has terminated, the Commission shall evaluate the effectiveness of the actions in facilitating positive adjustment by the domestic industry to import competition, consistent with the reasons set out by the President in the report submitted to the Congress under .
(2)
During the course of the evaluation conducted under paragraph (1), the Commission shall, after reasonable public notice, hold a hearing on the effectiveness of the action. All interested persons shall have the opportunity to attend such hearing and to present evidence or testimony at such hearing.
(3)
section 2253 of this title A report on the evaluation made under paragraph (1) and the hearings held under paragraph (2) shall be submitted by the Commission to the President and to the Congress by no later than the 180th day after the day on which the actions taken under terminated.
(e)
Other provisions
(1)
section 2136(a) of this title Action by the President under this part may be taken without regard to the provisions of but only after consideration of the relation of such actions to the international obligations of the United States.
(2)
section 2252(c)(4)(C) of this title If the Commission treats as the domestic industry production located in a major geographic area of the United States under , then the President shall take into account the geographic concentration of domestic production and of imports in that area in taking any action authorized under paragraph (1).
Pub. L. 103–465, § 302(c)(1)1994—Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than—
section 2253 of this title“(A) the 2nd-anniversary of the day on which the action under first took effect; and
“(B) the last day of each 2-year period occurring after the 2-year period referred to in subparagraph (A).”
section 1401(c) of Pub. L. 100–418section 2251 of this titleSection effective , and applicable with respect to investigations initiated under this part on or after that date, see , set out as an Effective Date of 1988 Amendment note under .