19 U.S.C. § 4552 | Presidential action regarding USMCA imports

(a)

In general

19 U.S.C. 2251In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [ et seq.] with respect to imports from a USMCA country, the President shall determine whether—

(1)

imports from such country, considered individually, account for a substantial share of total imports; or

(2)

imports from a USMCA country, considered individually, or in exceptional circumstances imports from USMCA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.

(b)

Exclusion of USMCA imports

19 U.S.C. 2251In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [ et seq.], the President shall exclude from such action imports from a USMCA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports from such country.

(c)

Action after exclusion of USMCA country imports

(1)

In general

19 U.S.C. 2251If the President, under subsection (b), excludes imports from a USMCA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [ et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—

(A)

the President may take appropriate action under such chapter 1 to include those imports in the action; and

(B)

any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.

(2)

Investigation

Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.

(3)

“Surge” defined

For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.

(d)

Condition applicable to quantitative restrictions

Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.

Pub. L. 116–113, title III, § 302 Pub. L. 103–182, title III, § 312Dec. 8, 1993107 Stat. 2107 § 302 of Pub. L. 116–113 Pub. L. 116–113, title V, § 502(c)Jan. 29, 2020134 Stat. 70(, formerly , , ; renumbered and amended , , .)

Editorial Notes

References in Text

Pub. L. 93–618Jan. 3, 197588 Stat. 1978 section 2101 of this titleThe Trade Act of 1974, referred to in subsecs. (a) to (c), is , , . Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see and Tables.

Codification

section 3372 of this title Pub. L. 116–113Section was formerly classified to prior to renumbering by .

Amendments

Pub. L. 116–113, § 502(c)(4)2020—, substituted “USMCA” for “NAFTA” in section catchline, subsec. (b) and (c) headings, and wherever appearing in text.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113July 1, 202019 U.S.C. 2251 section 502(e) of Pub. L. 116–113 section 4551 of this titleTransfer to and amendment of this section by effective on the date on which the USMCA enters into force () and applicable with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 ( et seq.) initiated on or after that date, see , set out as a note under .